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NEELS v. FLUKE

No. 23-1649.

109 F.4th 1021 (2024)

Ronald Lee NEELS, Petitioner-Appellee v. Brent FLUKE, Warden, Mike Durfee State Prison, Respondent-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 25, 2024.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant and appeared on the brief was Matthew William Templar, AAG, of Pierre, SD.

Counsel who presented argument on behalf of the appellee and appeared on the brief was James Arthur Eirinberg, of Sioux Falls, SD.

Before SMITH, Chief Judge, BENTON, and STRAS, Circuit Judges.

The State of South Dakota (State) charged Ronald Lee Neels with rape, sexual contact, and incest for the sexual abuse of his adopted daughter over a 14-year period. At Neels's jury trial, the prosecutor began her opening statement by asking the jurors to "[i]magine a world where you're a little girl without a dad," R. Doc. 37...

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