State of South Dakota Plaintiff and Appellee v. Trey L. Karlen, Defendant and Appellant

Summary

The court affirmed the convictions challenged under the 180-day rule, constitutional speedy-trial guarantee, continuance standard, and sufficiency of the evidence. It held that the statutory trial period began upon Karlen's first appearance on the reindictment, that the nine-month delay was not presumptively prejudicial, and that the absent witness did not justify a continuance. The court reversed and remanded on the subpoena issue because the victim's disclosures waived the counseling privilege as to relevant facts and the trial court was required to conduct an in camera review of the counselor's records. Miller, Chief Justice, joined by Justice Konenkamp, concurred in part and dissented in part, disputing the waiver and in camera review conclusions.