DNA EVIDENCE: New tests that make previously useless DNA capable of identification amount to “newly discovered DNA evidence” under Innocence Protection Act, even though the underwear and semen are not, thereby rebutting the presumption of untimeliness 7 years after conviction of sexual assault of intoxicated teen… motion for DNA testing under new tests improperly denied… Haddon reversed. [Read more…]
Sentencing, sex abuse, force enhancement
SENTENCING: Sufficient evidence of force in sexual assault to support enhancement… Christensen affirmed (unpublished). [Read more…]
Sex abuse aiding/abetting, Indian youth
SEX ABUSE AIDING & ABETTING: Adjudication of Indian as juvenile delinquent, 18 months detention plus 12 months supervision, for assisting cousin in aggravated sex abuse affirmed… Haddon affirmed. [Read more…]