State v. Stutzman

A jury found Defendant guilty of sexual assault against R.W., the eight-year-old daughter of Defendant’s former girlfriend, and acquitted him of a separate charge against K.W., R.W.’s twin sister. The Supreme Court affirmed the conviction, holding (1) even if a certain remark made by the prosecutor during closing argument was improper, the statement was not prejudicial; (2) the district court did not commit plain error when it failed to give a specific unanimity instruction to the jury in light of the parties’ presentation of the case; 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