State v. Moriarty

534 N.W.2d 841, 1995 S.D. LEXIS 86, 1995 WL 423356
CourtSouth Dakota Supreme Court
DecidedJuly 19, 1995
DocketNo. 18620
StatusPublished
Cited by3 cases

This text of 534 N.W.2d 841 (State v. Moriarty) 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. Moriarty, 534 N.W.2d 841, 1995 S.D. LEXIS 86, 1995 WL 423356 (S.D. 1995).

Opinions

KONENKAMP, Justice.

John Francis Moriarty appeals his conviction for second degree rape contending the trial court abridged his right to confrontation when the child victim’s statements were admitted through the testimony of the babysitter. We affirm.

FACTS

We briefly summarize the facts in this second appeal. For a more detailed rendition see State v. Moriarty, 501 N.W.2d 352 (S.D.1993) (Moriarty I). In 1991, S.M., an eight year old girl, informed her mother that her stepfather, Moriarty, molested her as they took a bath together. Later, S.M. told her baby-sitter, twelve-year-old Leah De-Wald, Moriarty had anally raped her. At DeWald’s request S.M. drew several pictures [842]*842to describe what had happened to her. The authorities were eventually notified, leading to Moriarty’s indictment for second degree rape.

At the first trial, when asked about the circumstances surrounding S.M.’s drawings, DeWald’s response included S.M.’s out-of-court statements detailing the sexual abuse. Moriarty appealed asserting his confrontation rights had been violated by DeWald’s hearsay testimony. Moriarty I. SDCL 19-16-38

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Related

State v. Nohava
960 N.W.2d 844 (South Dakota Supreme Court, 2021)
State v. Letcher
1996 SD 88 (South Dakota Supreme Court, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
534 N.W.2d 841, 1995 S.D. LEXIS 86, 1995 WL 423356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-moriarty-sd-1995.