831 N.W.2d 54
S.D.2013Background
- Anderson was convicted by jury of sexual contact with a child under 16 (SDCL 22-22-7).
- Arrest occurred May 12, 2011; initial appearance May 13 before a clerk magistrate with rights explained on a form.
- Grand jury indicted on June 10, 2011; written arraignment forms were filed July 12 and amended July 22, both with counsel info and waivers.
- A July 12, 2011 arraignment hearing and an August 9, 2011 second arraignment hearing occurred with in-court colloquy.
- Trial began December 6, 2011; a 13-year-old victim testified; Anderson was convicted and sentenced to 10 years and sex offender registration.
- Anderson filed a February 2012 motion for a new trial arguing absence of a specific competency finding for the minor victim; the court denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the arraignment was adequate. | Anderson argues lack of open-court arraignment and missing Boykin advisements. | State contends notice and opportunity to defend were adequate; waiver of open court arraignment via written form. | Arraignment adequate; waiver and notice sufficient. |
| Whether the trial court abused its discretion in denying the motion for a new trial. | Anderson argues absence of specific competency finding for the minor witness requires new trial. | No explicit requirement to make competency finding absent objection at trial. | Waived issue; no abuse of discretion; motion denied. |
Key Cases Cited
- State v. Mitchell, 491 N.W.2d 438 (S.D. 1992) (due process and notice standard for arraignments)
- State v. Winters, 414 N.W.2d 1 (S.D. 1987) (due process in arraignments; form sufficiency)
- Nachtigall v. Erickson, 85 S.D. 122 (S.D. 1970) (Boykin-type admonitions applying to SD cases)
- Miller, 2006 S.D. 54, 717 N.W.2d 614 (S.D. 2006) (Rule 11 safeguards; voluntariness of pleas; distinctions for not guilty pleas)
- State v. Carothers, 2006 S.D. 100, 724 N.W.2d 610 (S.D. 2006) (child witnesses competency guidance)
- State v. Hannemann, 2012 S.D. 79, 823 N.W.2d 357 (S.D. 2012) (abuse of discretion standard for new-trial motions; competency findings waived if not challenged)