State v. Bertram

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The Supreme Court affirmed the judgment of the circuit court convicting Defendant of first-degree murder and sentencing him to life imprisonment.On appeal, Defendant argued that the circuit court (1) violated his Sixth Amendment right of cross-examination by refusing to admit evidence that Defendant passed a polygraph examination for the purpose of impeaching another witness’s testimony; and (2) improperly admitted character evidence used against him. The Supreme Court held (1) South Dakota’s per se rule against admitting polygraph-test results does not violate the Sixth Amendment, and the circuit court did not abuse its discretion by excluding Defendant’s polygraph evidence; and (2) the circuit court did not err by admitting evidence of Defendant’s sexual liaisons with three other women in the days leading up to the victim’s death. View "State v. Bertram" on Justia Law