State v. Lester

After a jury trial, Defendant was found guilty of two counts of sexual assault in the first degree, three counts of sexual assault in the fourth degree and one count of risk of injury to a child. The convictions stemmed from allegations that Defendant sexually assaulted his girlfriend’s daughter. During the trial, the trial court granted the State’s motion in limine to exclude evidence of a prior allegation of sexual abuse made by the victim against her father’s then wife. Defendant appealed, arguing that the trial court erred in excluding evidence of the prior allegation and subsequent investigation. The Supreme Court dismissed the appeal as moot, as there were independent bases for the trial court’s exclusion of the evidence at issue that Defendant failed to challenge on appeal. View "State v. Lester" on Justia Law