A South Dakota Supreme Court decision is being touted as a victory for victim’s rights.
The case involved not only the analysis of state law – but also federal law by looking back to Nixon v. United States amid the Watergate scandal.
One of the laws at the center of the case is South Dakota Constitutional Amendment S - Marsy’s Law adopted in 2016. The amendment established many rights for victims in the state constitution. One of those is a victim’s right to privacy, including the right to refuse interview, deposition or other discovery requests.
A minor referred to as E.H. alleged the defendants committed sexual misconduct against her between Jan. 2019 and Dec. 2020. The state charged Michael Waldner, Jr. and Mark Waldner with multiple counts of sexual misconduct.
In her personal diaries E.H. wrote about the alleged accounts that form “the basis for the current charges against the Waldners”. One diary was given to law enforcement.
During court proceedings the Waldners requested all of E.H.’s diaries and journals dating back to January 2010 to bring in as evidence of the case. They argue the information is important to ensure their right to a fair trial – a federal guarantee under the Sixth Amendment. They also argue she knowingly gave up her right to privacy when turning over a diary to law enforcement.
The Waldners said the information in the requested materials “may” contain relevant information to her ability to reliably recall events.
The Circuit Court ruled the journals should be turned over as evidence because she “appears to suffer from mental health conditions which may have an impact on her general credibility.”
The South Dakota Supreme Court overturns the Circuit Court’s ruling citing that it failed to apply the Nixon test established by the U.S. Supreme Court. The Nixon test requires specificity and relevancy when requesting subpoenas of this type.
In this specific case – the specificity failed because the Waldners requested “all” journals and diaries since 2010, but the alleged conduct occur between 2019 and 2020. The relevancy test of Nixon failed because evidence in the journals quote “may” exist.
