State v. Stutzman

The Supreme Court affirmed Defendant’s conviction of sexual assault against R.W., the eight-year-old daughter of Defendant’s former girlfriend. The jury acquitted Defendant of sexual intercourse without consent against K.W., R.W.’s twin sister. The Supreme Court held (1) even if improper, the prosecutor’s statement during closing argument that, in order for the jury to find Defendant not guilty it would have to conclude that R.W. and K.W. had lied during their testimony, did not prejudice Defendant; (2) the district court did not commit plain error when it did not sue sponte give a specific unanimity instruction to the jury on the sexual assault charge after R.W. testified to two alleged sexual assaults; and (3) the district court’s failure to disclose to the defense information from the medical and counseling records that it reviewed in camera did not warrant a new trial. View "State v. Stutzman" on Justia Law