This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
- The Defendant was convicted by a jury for two counts of criminal sexual contact of a minor. The case involved testimony about an incident where the Defendant was seen lying under a blanket next to the Victim and other children.
Procedural History
- [Not applicable or not found]
Parties' Submissions
- Defendant-Appellant: Argued that the district court violated his right to a fair trial by allowing prejudicial character evidence through testimony about him lying under a blanket next to the Victim and other children. Contended the evidence was insufficient to support his convictions, relying heavily on whether the jury believed the Victim. Also claimed ineffective assistance of counsel due to failure to investigate other potential sources of the Victim's knowledge or experience of sexual abuse.
- Plaintiff-Appellee: [Not applicable or not found]
Legal Issues
- Whether the district court violated the Defendant's right to a fair trial by allowing testimony that could be seen as attacking the Defendant's character.
- Whether the evidence presented was sufficient to support the Defendant's convictions.
- Whether the Defendant received ineffective assistance of counsel.
Disposition
- Denied the motion to amend the docketing statement and affirmed the Defendant's convictions.
Reasons
-
The Court, led by Chief Judge J. MILES HANISEE and concurred by Judges JENNIFER L. ATTREP and MEGAN P. DUFFY, found that the Defendant did not demonstrate that the district court erred in admitting testimony about him lying under a blanket next to the Victim and other children. The Court noted the Defendant failed to explain the purposes for which the State sought to admit the testimony and did not inform the Court of the basis for the district court’s ruling on this evidence. The Court also highlighted that the testimony of a single witness is sufficient to uphold a conviction and deferred to the fact-finder's resolution of conflicts in testimony and determinations of credibility. Regarding the claim of ineffective assistance of counsel, the Court found no basis within the trial record suggesting that additional investigation by trial counsel would have supported the Defendant's defense, nor could counsel’s failure to interview extended family members be considered deficient performance without evidence of a plausible rational strategy.
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