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Tag Archives: statutory rape

Criminal Law: Statutory Rape-Ineffective Assistance of Plea Counsel

Defendant pleaded guilty to statutory rape and statutory sodomy of a single victim. After the trial court heard evidence about an alleged second victim, defendant moved for post-conviction relief, arguing that plea counsel was ineffective for guaranteeing that evidence about ...

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Criminal Law: Statutory Rape-Sufficiency Of Evidence-Penetration

Where the evidence in a first-degree statutory-rape case showed that the defendant’s penis touched but not that it penetrated the victim, the evidence was insufficient to support the rape conviction, so the judgment is reversed and remanded for the court ...

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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 ...

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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 ...

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Criminal Law: Statutory Rape- Jury Request to Observe Defendant’s Facial Expression- Waiver

Defendant appealed from his conviction of statutory sodomy and statutory rape of his minor biological daughter. During trial, a juror requested defendant change his seating position to better observe his facial expressions. On appeal, defendant argued that the trial court ...

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