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STATE v. JANIS

No. 27462.

880 N.W.2d 76 (2016)

2016 S.D. 43

STATE of South Dakota, Plaintiff and Appellee, v. Cleve Robert JANIS, Jr., Defendant and Appellant.

Supreme Court of South Dakota.

Decided May 18, 2016.

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.

John R. Murphy , Rapid City, South Dakota, Attorney for defendant and appellant.

[¶ 1.] A jury convicted Cleve Robert Janis, Jr. of third-degree rape (victim incapable of giving consent due to intoxication) on January 14, 2015. Janis appeals his conviction, arguing that the circuit court erred when it admitted undisclosed expert testimony. Janis also argues that the prosecutor committed misconduct through...

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