192262P.pdf   02/25/2021  United States  v.  Xavier Zephier
   U.S. Court of Appeals Case No:  19-2262
   U.S. District Court for the District of South Dakota - Sioux Falls   
   [PUBLISHED] [Stras, Author, with Kelly and Erickson, Circuit Judges] 
   Criminal case - Criminal law. Even though defendant had invoked his right 
   to counsel, the district court did not err in admitting his jailhouse 
   statements to investigators because he made them voluntarily after the 
   investigator made a limited and focused inquiry attendant to a legitimate 
   police procedure - presenting defendant with a search warrant and telling 
   him that it authorized the investigator to take DNA sample swabs; the 
   district court's two rulings - admitting expert testimony about the 
   typical behaviors of sexual-assault victims and refusing to admit 
   testimony about whether the victim had been sexually assaulted before - 
   improperly prevented defendant from presenting his complete defense and 
   showing an earlier sexual assault was the source of the victim's trauma; 
   conviction reversed, and the matter remanded for a new trial.