WITNESS DISCOVERY: Supervisory control of Larson denied as to denial of motion to interview or depose rape accuser… order. [Read more…]
Rape, unsubstantiated allegations as impeachment
RAPE: Unsubstantiated 2003 allegation of SIWC by then 15-year-old improperly admitted to impeach now 30-year-old’s claim that he was not the kind of person who would engage in non-consensual sex, sufficiently prejudicial to require reversal of conviction… evidence of alleged victim’s marijuana use after alleged rape while intoxicated by liquor and prior to reporting improperly precluded… remanded for new trial… Pinski reversed. [Read more…]
Attempted rape, unidentified sperm on washed underwear
ATTEMPTED RAPE: Rape Shield Law improperly applied to exclude unidentified sperm that remained on underwear after laundering which Defendant sought to rebut State’s explanation that laundering accounted for absence of his DNA… conviction reversed… Townsend reversed. [Read more…]
Sex registration, “welfare check,” duty to register
SEX REGISTRATION: Defendant stopped on downtown sidewalk in early morning with scantily clad wife for “welfare check” by several officers prior to arrest for failure to register not in “custody” for Miranda purposes. . . Defendant allowed to present defense of confusion over duty to register but made tactical decision not to do so in light of ruling that State could counter with prior convictions . . . Judge did not improperly rule on element of offense by considering legal question of duty to register. . . Defendant improperly designated Tier I sex offender. . . Larson affirmed, reversed (IOR I-3(c)). [Read more…]