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State v. Charger

South Dakota Supreme Court

611 N.W.2d 221 (2000)

Facts

Leon Charger (defendant) was charged with illegal sexual conduct with the daughters of Jacqueline Swimmer. Prior to Charger’s trial for that charge, he paid a friend, Leon Norman, to call Swimmer and tell her that if she testified against him, she would be arrested. Norman made the call but actually reached and spoke to Swimmer’s sister-in-law, Jacalyn Hagans. Charger was charged with witness tampering. At the witness-tampering trial, the prosecution (plaintiff) called Hagans to testify about Norman’s out-of-court statements to her. Charger was convicted, and he appealed, arguing that Norman’s statements to Hagans constituted inadmissible hearsay.

Rule of Law

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Issue

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Holding and Reasoning (Gilbertson, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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