RAPE: Untimely motion for new trial based on woman’s impost-trial statements that she remembered urinating on herself and could not feel below waist contradicting trial testimony that fluid was vaginal should have been granted because of reasonable probability of different outcome of trial of alleged digital massage rape, not left to postconviction consideration… Dayton reversed. [Read more…]
Tampering/fabricating, false rape claim
TAMPERING/FABRICATING: Defendant who falsely claimed rape properly charged with felony tampering with or fabricating “physical evidence” in the form of vaginal secretions from recent sex with husband to mislead officials into believing that ex- [Read more…]
Rape/PFMA/tampering, prior acts
RAPE/PFMA/TAMPERING: Evidence of previous assault/harassment of alleged victim properly admitted… plain error review of bad acts instructions declined… no ineffective assistance in not objecting to bad acts… conviction over defense of consensual rough sex affirmed… Seeley affirmed. [Read more…]
DUI, parked car “seizure”
DUI: Defendant not “seized” by officer parking behind car in bar parking area at 3:20 a.m., shining spotlight into vehicle, [Read more…]