State of South Dakota v. David Leonard Randle, Jr.

Summary

The South Dakota Supreme Court reviewed David Leonard Randle’s convictions for first-degree manslaughter, unauthorized ingestion of a controlled substance, and possession of two ounces or less of marijuana. The court upheld the denial of mistrial motions based on a sequestration-order violation and an unanswered question about invocation of the right to counsel. It held that the circuit court erred by refusing to give Randle’s requested excusable-homicide instruction and remanded for a new trial.

Holdings

1. The circuit court did not abuse its discretion in denying a mistrial because Randle failed to show that the witness's testimony changed or was influenced by what she heard from another witness.
2. The prosecutor's question about whether Randle invoked his right to an attorney was improper, but the unanswered question alone did not prejudice Randle or require a mistrial.
3. When a defendant properly requests an excusable-homicide instruction under SDCL 22-16-30 and the evidence provides even a tenuous foundation for the defense theory, the jury must be instructed on that theory; the circuit court may not decide as a matter of law that unlawful conduct caused the homicide.

Questions Presented

1. Whether the circuit court abused its discretion by denying a mistrial after a State witness violated the sequestration order.
2. Whether the circuit court abused its discretion by denying a mistrial after the prosecutor asked whether Randle had invoked his right to counsel during an interview.
3. Whether the circuit court erred by refusing to instruct the jury on excusable homicide under SDCL 22-16-30.
4. Whether the cumulative effect of the alleged errors entitled Randle to a new trial.

Disposition

reversed_and_remanded