Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
State of South Dakota v. Mark Waldner and Michael M. Waldner
Date: 11-13-2024
Case Number: 30343
Judge: Bruce V. Anderson
Court: Circuit Court, First Judicial Circuit Court, Burle County, South Dakota
Plaintiff's Attorney: Burle County, South Dakota State's Attorney's Office
Defendant's Attorney:
Click Here For The Best Chamberlain Criminal Defense Lawyer Directory
Description:
Michael Waldner, Jr., and Mark Waldner (Waldners) were indicted in Brule County, South Dakota, on varying degrees of rape and sexual contact involving E.H., a minor less than sixteen years of age. During the investigation, law enforcement obtained a journal written by E.H. detailing the alleged misconduct. After receiving the journal through discovery, the Waldners sought other journals and diaries written by E.H. through a subpoena duces tecum. E.H. moved to quash the subpoena. The circuit court denied the motion to quash and ordered E.H. to produce her other journals and/or diaries for an in-camera inspection by the court. E.H. filed a petition for an intermediate appeal to this Court. We granted the petition and instructed the parties to address jurisdiction in addition to the claims relating to the circuit court's order.
The Waldners were charged by indictment on July 30, 2021, with various crimes against E.H. occurring between January 2019 and December 2020. Specifically, Mark was charged with one count of rape in the second degree (SDCL 22-22-1(2)), two counts of rape in the fourth degree (SDCL 22-22-1(5)), and one count of sexual contact with a child under sixteen years of age (SDCL 22-22-7). Michael, Jr., was charged with one count of rape in the second degree (SDCL 22-22-1(2)), one count of aggravated assault (SDCL 22-18-1.1(5)), two counts of rape in the fourth degree (SDCL 22-22-1(5)), one count of sexual contact with a child under sixteen years of age (SDCL 22-22-7), and one count of simple assault (SDCL 22-18-1(5)).[1]
[ΒΆ3.] The Waldners and E.H. are members of a Hutterite colony in rural Brule County, South Dakota. After E.H. reported the incidents, she was moved to a sister colony. At her new colony, E.H. was under the care of Adam and Levi Wipf, educators and leaders at the colony. Eventually, E.H. began to confide in Adam and Levi, who accompanied her to speak to law enforcement about the alleged misconduct. While talking to law enforcement, E.H. disclosed that after the incidents with the Waldners, she had written journal entries detailing the events and her experiences. Thereafter, she provided one of her journals to Adam and asked him to provide it to law enforcement. Levi then provided it to DCI Agent Brian Larson.
State v. Waldner, 2024 S.D. 67, 30343-r-PJD (S.D. Nov 13, 2024)
Chamberlain, South Dakota criminal defense lawyers represented the Defendants charged with rape and sexual contact with a minor.
Michael Waldner, Jr., and Mark Waldner (Waldners) were indicted in Brule County, South Dakota, on varying degrees of rape and sexual contact involving E.H., a minor less than sixteen years of age. During the investigation, law enforcement obtained a journal written by E.H. detailing the alleged misconduct. After receiving the journal through discovery, the Waldners sought other journals and diaries written by E.H. through a subpoena duces tecum. E.H. moved to quash the subpoena. The circuit court denied the motion to quash and ordered E.H. to produce her other journals and/or diaries for an in-camera inspection by the court. E.H. filed a petition for an intermediate appeal to this Court. We granted the petition and instructed the parties to address jurisdiction in addition to the claims relating to the circuit court's order.
The Waldners were charged by indictment on July 30, 2021, with various crimes against E.H. occurring between January 2019 and December 2020. Specifically, Mark was charged with one count of rape in the second degree (SDCL 22-22-1(2)), two counts of rape in the fourth degree (SDCL 22-22-1(5)), and one count of sexual contact with a child under sixteen years of age (SDCL 22-22-7). Michael, Jr., was charged with one count of rape in the second degree (SDCL 22-22-1(2)), one count of aggravated assault (SDCL 22-18-1.1(5)), two counts of rape in the fourth degree (SDCL 22-22-1(5)), one count of sexual contact with a child under sixteen years of age (SDCL 22-22-7), and one count of simple assault (SDCL 22-18-1(5)).[1]
[ΒΆ3.] The Waldners and E.H. are members of a Hutterite colony in rural Brule County, South Dakota. After E.H. reported the incidents, she was moved to a sister colony. At her new colony, E.H. was under the care of Adam and Levi Wipf, educators and leaders at the colony. Eventually, E.H. began to confide in Adam and Levi, who accompanied her to speak to law enforcement about the alleged misconduct. While talking to law enforcement, E.H. disclosed that after the incidents with the Waldners, she had written journal entries detailing the events and her experiences. Thereafter, she provided one of her journals to Adam and asked him to provide it to law enforcement. Levi then provided it to DCI Agent Brian Larson.
State v. Waldner, 2024 S.D. 67, 30343-r-PJD (S.D. Nov 13, 2024)
Outcome:
Reversed and remanded.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of State of South Dakota v. Mark Waldner and Michael M. Waldner?
The outcome was: Reversed and remanded.
Which court heard State of South Dakota v. Mark Waldner and Michael M. Waldner?
This case was heard in Circuit Court, First Judicial Circuit Court, Burle County, South Dakota, SD. The presiding judge was Bruce V. Anderson.
Who were the attorneys in State of South Dakota v. Mark Waldner and Michael M. Waldner?
Plaintiff's attorney: Burle County, South Dakota State's Attorney's Office. Defendant's attorney: Click Here For The Best Chamberlain Criminal Defense Lawyer Directory.
When was State of South Dakota v. Mark Waldner and Michael M. Waldner decided?
This case was decided on November 13, 2024.