State v. Waugh, 2011 SD 71

Waugh was charged with rape of a minor and attempted rape of Stroup, plus burglary charges in Stroup’s home and related offenses in Minor’s case.
The circuit court joined the two cases for trial, and the jury convicted Waugh of rape of Minor and attempted rape of Stroup, but acquitted burglary of Stroup’s home.
Evidence showed Waugh entered Stroup’s home in the early morning, pulled down Stroup’s clothing, and exposed himself; Stroup called 911.
Minutes later, in the same vicinity, Minor awoke to Waugh on top of her with semen compatible with Waugh, following prior drinking and interaction with L.D. that evening.
DNA from a penile swab matched Waugh and Minor; the cases were linked by proximity in time and location and by Waugh’s prior interactions with both victims.
Waugh challenged joinder as improper and challenged the sufficiency of the evidence; the circuit court granted joinder, and the jury found guilt on the charged counts.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether joinder of informations was proper	Waugh argues incorrect joinder due to dissimilar victims and details.	Waugh contends joinder risks prejudice and should be severed.	Joinder proper; no reversible prejudice.
Sufficiency of the evidence to support the convictions	Evidence supports intent and acts toward rape/attempt as charged.	Evidence insufficient or credibility issues negated elements of intent and non-consent.	Evidence sufficient to sustain guilt beyond reasonable doubt.

State v. Thompson, 1997 S.D. 15 (S.D. 1997) (abuse-of-discretion standard for joinder)
State v. Shape, 517 N.W.2d 650 (S.D. 1994) (three tests for joinder)
State v. Sabers, 442 N.W.2d 259 (S.D. 1989) (prejudice threshold for severance)
State v. Dixon, 419 N.W.2d 699 (S.D. 1988) (prejudice considerations in joinder)
State v. White, 538 N.W.2d 237 (S.D. 1995) (admissibility of other acts evidence in rape cases)
State v. Fisher, 2010 S.D. 44 (S.D. 2010) (remoteness/similarity in other acts evidence)
State v. Reed, 2010 S.D. 66 (S.D. 2010) (definition of attempt and required acts toward commission)