State v. Franks

After a jury trial, Appellant was convicted of sexual intercourse without consent and sexual assault. Appellant moved for a new trial and acquittal, arguing, among other things, that testimony at trial failed to bear out the prosecution’s theory that a newspaper article reporting that Appellant had been accused of molesting a five-year-old boy prompted the complainant’s disclosure, and that the unfair prejudice caused by testimony about the newspaper article outweighed its probative value. The district court vacated the sexual assault conviction and denied the motion with respect to the remaining issues. The Supreme Court reversed, holding that the probative value of the evidence regarding the newspaper article was outweighed by the danger of unfair prejudice and should have been excluded. Remanded for a new trial. View "State v. Franks" on Justia Law