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STATE v. EAGLE

No. 26346.

835 N.W.2d 886 (2013)

2013 S.D. 60

STATE of South Dakota, Plaintiff and Appellee, v. Gabriel Darryn Medicine EAGLE, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 7, 2013.

Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Kirsten E. Jasper , Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Paul E. Jensen of Jensen & Massa Winner, South Dakota, Attorneys for defendant and appellant.

GILBERTSON, Chief Justice.

[¶ 1.] M.E.H. alleges she was kidnapped and raped by Gabriel Darryn Medicine Eagle, Junior, on September 23, 2000. In 2001, Medicine Eagle was indicted, but the charges were later dismissed when DNA testing failed to implicate Medicine Eagle. In 2008, the case was reopened and the evidence obtained in 2000 was retested using a new method of DNA testing. This time, the testing revealed the presence of Medicine Eagle's DNA. On December...

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