STATE v. TOOHEY

No. 26073.

816 N.W.2d 120 (2012)

2012 S.D. 51

STATE of South Dakota, Plaintiff and Appellee, v. Leonard Alan TOOHEY, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 20, 2012.


Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, John M. Strohman , Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Staci L. Reindl , Spearfish, South Dakota, Attorney for defendant and appellant.


KONENKAMP, Justice.

[¶ 1.] A jury found Leonard Alan Toohey guilty of first degree rape of a child. On appeal, he asserts that the child victim was not available for cross-examination as required under the Confrontation Clause, that the circuit court abused its discretion when it admitted evidence of other acts, and that there was insufficient evidence to support proof of penetration.

Background

[¶ 2.] On June 9, 2010, C.M. and her daughter...

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