Prior Acquittal In Tribal Court Admissible, South Dakota Federal Judge Rules

Mealey's (March 5, 2019, 11:37 AM EST) -- SIOUX FALLS, S.D. — A South Dakota federal judge on March 1 denied a request by federal prosecutors to exclude from an Indian’s sexual assault trial any reference to the accused’s acquittal in tribal court of attempted rape, saying any confusion caused by allowing the evidence can be cured with a jury instruction (United States v. Xavier Zephier, No. 4:18-CR-40023, D. S.D., 2019 U.S. Dist. LEXIS 32977)....

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