State v. Fool Bull

2008 SD 11, 745 N.W.2d 380, 2008 S.D. LEXIS 10, 2008 WL 343844
CourtSouth Dakota Supreme Court
DecidedFebruary 6, 2008
Docket24281
StatusPublished
Cited by13 cases

This text of 2008 SD 11 (State v. Fool Bull) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Fool Bull, 2008 SD 11, 745 N.W.2d 380, 2008 S.D. LEXIS 10, 2008 WL 343844 (S.D. 2008).

Opinions

GILBERTSON, Chief Justice.

[¶ 1.] On January 25, 2006, Adrian Fool Bull (Fool Bull) was indicted on one count of rape through the use of force, coercion, or threats in violation of SDCL 22-22-1(2). A jury trial commenced in the South Dakota Second Judicial Circuit on June 12, 2006. On June 15, 2006, the jury returned its verdict, finding Fool Bull guilty as charged. He was sentenced to 45 years in the South Dakota State Penitentiary. We affirm.

FACTS AND PROCEDURE

[¶ 2.] On the night of January 20, 2006, Fool Bull walked from his home to the Top Hat, a drinking establishment in downtown Sioux Falls, South Dakota. While there, he encountered a friend, Morgan Lorang (Lorang), who was accompanied by R.B. Lorang introduced Fool Bull to R.B. as “Stoney.” According to R.B., the three sat at a booth and conversed for a time before Fool Bull left and walked away.

[¶ 3.] At Fool Bull’s trial, R.B. testified that around midnight she left the Top Hat and walked to her van, parked nearby on the street. R.B. stated that as she entered the van, Fool Bull, who was recovering from a knee injury and walked with a cane, appeared and asked for a ride. R.B. agreed and Fool Bull entered the van, sitting on the passenger side.

[¶ 4.] R.B. testified that after the two drove away, Fool Bull directed her to the home of his drug dealer. When they arrived, there were no lights on at the house. R.B. stated that Fool Bull grabbed the keys from the ignition and went to the door of the house. R.B. indicated that when Fool Bull returned from the house, [384]*384he told her that he wanted to drive. R.B. testified that initially she refused to allow him to drive and that Fool Bull then punched her in the face. R.B. stated she then relented, moving to the passenger seat, and Fool Bull got into the driver’s seat and drove away.

[¶ 5.] R.B. testified that after taking control of the van, Fool Bull drove her to another neighborhood and parked in a location where the nearby streetlight was broken. R.B. alleges that at this point she attempted to leave the van, first reaching for her purse in the back seat. R.B. stated that as she reached for the purse, Fool Bull again punched her in the face, this time breaking her nose. R.B. indicated that Fool Bull then pushed her down between the two front seats and raped her from behind while punching her repeatedly in the back of the head and neck, threatening to stab her and telling her to “shut the fuck up” while she cried and pleaded with him to stop.

[¶ 6.] R.B. testified that after the rape, Fool Bull told her to clean herself up and then began driving erratically around town, eventually stopping at a mobile home park off Marion Road in Sioux Falls. Fool Bull took the keys out of the ignition and went up to one of the mobile homes. R.B. stated that she remained in the vehicle because she thought Fool Bull would find her if she tried to leave. Fool Bull returned to the van, and again drove away in an erratic manner.

[¶ 7.] At around 2:30 a.m. Fool Bull was stopped by Sioux Falls Police Officer Thomas Krull (Krull). Krull testified at trial that while he was speaking to Fool Bull, he looked across the interior of the van at R.B. and noticed her mouth the words “help me.” Krull asked to see the vehicle registration and proof of insurance. When R.B. failed to produce the documents, Krull removed Fool Bull from the van. R.B. indicated that when Krull returned to the van to speak to her, she told him that she had been beaten and raped by Fool Bull.

[¶ 8.] Fool Bull was arrested for rape. R.B. was taken to Sioux Valley Hospital for treatment of her injuries and to undergo a “rape kit” examination. R.B. was tested for sexually transmitted diseases (STD) and was found to have contracted an STD known as Chlamydia.

[¶ 9.] On January 25, 2006, Fool Bull was indicted on one count of second degree rape. On May 3, 2006, a hearing was held on Fool Bull’s motion for disclosure of “other bad acts” evidence. Fool Bull’s trial on the second-degree rape charge commenced on June 12, 2006. Fool Bull’s defense was based on mutual consent. The jury returned a guilty verdict on June 15, 2006, and on August 15, 2006, Fool Bull was sentenced to 45 years in the penitentiary.

[¶ 10.] Fool Bull raises five issues that we will consider on appeal:

1. Whether the trial court abused its discretion by admitting State’s evidence that R.B. had contracted a sexually transmitted disease.
2. Whether the trial court abused its discretion by denying Fool Bull’s motion for mistrial on grounds of improper testimony by Sioux Falls police officers.
3. Whether the trial court abused its discretion by denying Fool Bull’s motion for mistrial on grounds of improper testimony by R.B.’s emergency room treating physician.
4. Whether the trial court abused its discretion by denying Fool Bull’s motion for mistrial on grounds of improper statements by the State’s Attorney during closing argument.
[385]*3855. Whether Fool Bull is entitled to a new trial based on prosecutorial misconduct.

STANDARD OF REVIEW

We presume the evidentiary rulings made by a trial court are correct, and review those rulings under an abuse of discretion standard. The test for abuse of discretion “is not whether we would have made the same ruling, but whether we believe a judicial mind, in view of the law and the circumstances, could have reasonably reached the same conclusion.” If error is found, it must be prejudicial in nature before this Court will overturn the trial court’s evi-dentiary ruling. “Error is prejudicial when, in all probability ... it produced some effect upon the final result and affected rights of the party assigning it.”

State v. Mattson, 2005 SD 71, ¶ 13, 698 N.W.2d 538, 544 (internal citations omitted). Trial courts have considerable discretion in granting or denying mistrials and determining the prejudicial effect of witness statements. State v. Buchhold, 2007 SD 15, ¶ 50, 727 N.W.2d 816, 828(citing State v. Anderson, 1996 SD 46, ¶ 21, 546 N.W.2d 395, 401) (citations omitted). Prejudicial error must be shown for a trial court to grant a motion for mistrial. Anderson, 1996 SD 46, ¶ 21, 546 N.W.2d at 401 (quoting State v. Myers, 464 N.W.2d 608, 609-10 (S.D.1990)) (quoting State v. Blalack, 434 N.W.2d 55 (S.D.1988)) (additional citation omitted). Prejudicial error sufficient to constitute grounds for a mistrial must in all probability have produced some effect upon the jury’s verdict that is concomitantly injurious to the substantial rights of the party assigning it. Id. (quoting Myers, 464 N.W.2d at 609-10) (quoting Blalack, 434 N.W.2d 55)) (additional citation omitted).

ANALYSIS AND DECISION

[¶ 11.] 1. Whether the trial court abused its discretion by admitting State’s evidence that R.B. had contracted a sexually transmitted disease.

[¶ 12.] During her medical examination following the incident, Sioux Valley staff tested R.B. for sexually transmitted diseases.

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Cite This Page — Counsel Stack

Bluebook (online)
2008 SD 11, 745 N.W.2d 380, 2008 S.D. LEXIS 10, 2008 WL 343844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-fool-bull-sd-2008.