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Home / Opinions / Courts / Court of Appeals, Southern District / Criminal Law: Statutory Rape- Jury Observation of Defendant- Defendant’s Demeanor as Evidence

Criminal Law: Statutory Rape- Jury Observation of Defendant- Defendant’s Demeanor as Evidence

Defendant was charged with statutory sodomy and statutory rape. During trial, a juror asked the trial court to reposition defendant to observe his demeanor. Defense counsel obliged to the request. On appeal, defendant argued that the trial court committed plain error by directing the juror’s request to the defense. Where defense counsel’s affirmative conduct acquiesced to ...