South Dakota Supreme Court
State v. Carter
December 28, 20232023 S.D. 67
Summary
The Court affirmed Carter’s first-degree rape conviction, holding that the circuit court properly admitted closely related child-pornography evidence, expert testimony and evidence concerning gonorrhea testing, and the child’s hearsay disclosures. It also held that the evidence was sufficient to support the penetration element and that the Confrontation Clause was not violated because the disclosures were nontestimonial. Carter’s ineffective-assistance claim was declined on direct appeal because the record did not reveal counsel’s strategy and required further development.