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Court of Appeals, Western District

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Criminal Law: Attempted Sexual Abuse-Sufficiency of Evidence-Jury Instructions

  Where  a defendant challenged his conviction for attempted sexual abuse, the defendant’s statement to police that he intended to see and touch the victim’s breasts was direct evidence of intent and the defendant took a substantial step toward that ...

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Criminal Law: Statutory Sodomy-Jury Instructions-Consecutive Sentences

  Where a defendant challenged his convictions for statutory sodomy and child molestation, the trial court did not err in overruling the defendant’s objection to jury instructions on the statutory sodomy counts because any variance in the definition of “deviate ...

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Criminal Law: Child Victim-Non-Traditional Oath-Child Witness Protection Act

  Where a defendant, who was convicted of the first-degree rape of an 11-year-old child, argued that the trial court erred by failing to make a written finding that the victim was a child before administering a non-traditional oath under ...

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Criminal Law: Misdemeanor Sexual Misconduct-Motion to Withdraw Guilty Plea-Erroneous Counsel Advice

  Defendant pleaded guilty to possession of a controlled substance and misdemeanor sexual misconduct. Two years later, defendant moved to withdraw his guilty plea to his sexual-misconduct charge, alleging trial counsel erroneously advised him he would not be required to ...

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Criminal Law: Committing Violence against an Inmate-Post-Conviction-Ineffective Assistance of Counsel

Defendant appealed from the judgment denying his Rule 29.15 motion, after he was convicted of committing violence against a fellow inmate. Defendant argued that the trial court erred in denying him post-conviction relief based on trial counsel’s ineffectiveness for failing ...

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