State v. Fisher, 2011 SD 74

Fisher supervised Amanda Vensand’s eight-year-old and fifteen-month-old children after moving in with her on Nov 25, 2008.
Early on Nov 26, 2008, P.V. (15 months) began coughing, later stopped breathing, and died despite resuscitation.
Fisher was interrogated by Detective Bakke; Miranda rights were read and waived.
During the interview, investigators disclosed (falsely) doctors had linked retinal hemorrhaging to shaken baby injuries.
A six-hour interview included a polygraph test; Fisher’s statements followed, culminating in a doll-shaking demonstration.
The trial admitted a redacted video of the doll demonstration; Dr. Free testified on abusive head trauma; Fisher was convicted of manslaughter and sentenced to 60 years.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Voluntariness of Fisher’s confession	State contends confession voluntary under totality of circumstances.	Fisher claims coercion and overborne will.	Confession voluntary; no overbearing coercion.
Admissibility of redacted doll video	Video probative of shaking manner; impeachment of defenses.	Redacted doll image still prejudicial and misleading.	Admissible; not unduly prejudicial.
Dr. Free’s qualification as expert on abusive head trauma	Free qualified by experience and training to opine on injuries.	Free not a pathologist; limited autopsy credentials.	Dr. Free qualified to testify on cause of death.

State v. Wright, 767 N.W.2d 512 (S.D. 2009) (voluntariness determined by totality of circumstances)
State v. Cottier, 755 N.W.2d 120 (S.D. 2008) (factors for evaluating voluntariness of confessions)
State v. Morato, 619 N.W.2d 655 (S.D. 2000) (overbroad will not render confession involuntary when balanced by circumstances)
State v. Jenner, 451 N.W.2d 710 (S.D. 1990) (mere emotionalism does not necessarily invalidate a confession)
State v. Gesinger, 559 N.W.2d 549 (S.D. 1997) (intentional coercive tactics test for voluntariness)