INCEST: Conviction affirmed over challenge of exclusion of evidence under Rape Shield of alternative sources for minor daughter’s age-inappropriate sexual knowledge… Halligan affirmed. [Read more…]
Rape, no prejudice from wrong definition of “knowingly”
RAPE: Defendant was not prejudiced by wrong definition of “knowingly,” ineffective claim fails… Marks affirmed (memorandum). [Read more…]
Jury, misdemeanor PFMA, jury waiver
JURY: JP did not err by conducting a misdemeanor PFMA bench trial without a written jury waiver… Beal/Deschamps affirmed. [Read more…]
Aggravated rape, girlfriend’s “recanting ” of no consent
AGGRAVATED RAPE: Girlfriend’s postconviction “recantation” as to whether she consented to sex properly rejected as newly discovered evidence of innocence… “confusing jurisprudence” “clarified” in 71-page Opinion… Larson affirmed. [Read more…]
SIWC, “knowingly” withdrawn consent
SIWC: Jury improperly instructed with high-probability-of-a-fact definition of “knowingly” for the element of “without consent” rather than a conduct-based definition in situation of withdrawn consent… conviction reversed, remanded for retrial… Larson reversed. [Read more…]
PFMA/unauthorized use of vehicle/tampering
PFMA/UNAUTHORIZED USE OF VEHICLE/TAMPERING: Allowing deputies to testify about out-of-court statements by witnesses harmless error… right to fair trial not violated by not interviewing a juror who told a witness in the hall that he was brave for testifying… confrontation right not violated by repeated replaying of jail calls to victim… costs wrongly imposed without ability-to-pay inquiry… Vannatta affirmed, reversed. [Read more…]
Assault, right to self-representation, victim’s recantations
ASSAULT: Right to self-representation not denied at omnibus hearing… new trial properly denied based on girlfriend’s post-trial recantations… assault with weapons/aggravated assault convictions affirmed… Deschamps affirmed. [Read more…]
Rape, previous encounter to establish consent
RAPE: Supervisory control of Wheelis to allow previous encounter to establish ability to consent denied… order. [Read more…]
Supervisory control, medical/psychological records
SUPERVISORY CONTROL of Boucher granted ordering in camera review of medical/psychological records of minor with Williams Syndrome over objection from SIWC Defendant that review not necessary and Boucher’s position that he is not a psychologist or psychiatrist and has limited time for review… State has standing to petition on behalf of alleged victim… order. [Read more…]