RAPE: Text expressing frustration at having sex while intoxicated twice before with boyfriends properly excluded under Rape Shield… conviction of sex with intoxicated woman affirmed… Rienne McElyea affirmed. [Read more…]
Child sex abuse, juror bias, “educational” testimony
CHILD SEX ABUSE: Claim of ineffective assistance for not sufficiently challenging panelist who subsequently served as foreman regarding bias more amenable for postconviction… sex abuse expert’s “educational” testimony does not warrant plain error review of claim that it undermined Defendant’s presumption of innocence… Judge’s answer to jury’s query as to what to do if jurors cannot come to unanimous decision on 3 counts without consulting the parties was not prejudicial or was harmless… convictions affirmed… Seeley affirmed. [Read more…]
Plea withdrawal, PFMA
PLEA WITHDRAWAL to PFMA after subsequent PFMAs filed properly denied… Beal/Townsend affirmed (memorandum). [Read more…]
Witness discovery, interview/depose rape accuser
WITNESS DISCOVERY: Supervisory control of Larson denied as to denial of motion to interview or depose rape accuser… order. [Read more…]
PFMA strangulation, alibi, jail phone recordings
PFMA STRANGULATION convictions affirmed over alibi claim and improper admission of jail phone recordings purportedly precipitated by attorney’s “dumb mistake” as to alibi timeline… Harada affirmed (IOR I-3(c)). [Read more…]