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Tag Archives: Criminal Sexual Conduct

Criminal Practice – Criminal Sexual Conduct – Continuance Denied – Last-Minute Motion – Prosecution Argument – Burglary – Intent (access required)

State v. Meggett At the beginning of his trial -- nearly two years after he was arrested and seven months after he was notified that the case would be placed on the trial docket -- defendant moved for a continuance so he could have a comforter tested for two-year-old DNA. Defendant made no showing that the comforter had not been cleaned or used by anyone else in the interim. Based on defendant’s inaction in attempting to obtain the comforter prior to requesting a continuance and the lack of evidence supporting his contention that the comforter still contained important evidence, we find the trial court did not abuse its discretion in denying defendant’s motion for a continuance.

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Criminal Practice – Criminal Sexual Conduct – Continuance Denied – Last-Minute Motion – Prosecution Argument – Burglary – Intent (access required)

State v. Meggett At the beginning of his trial -- nearly two years after he was arrested and seven months after he was notified that the case would be placed on the trial docket -- defendant moved for a continuance so he could have a comforter tested for two-year-old DNA.

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Criminal Practice – Criminal Sexual Conduct – Evidence – Prior Conviction – Jury & Jurors — Batson — Venue (access required)

State v. Taylor Given the similarities between defendant’s two rapes of the victim, the trial court did not err when it admitted evidence of the 1999 rape at defendant’s trial for the 1998 rape. We affirm defendant’s convictions and sentence of life without parole for criminal sexual conduct with a minor in the second degree and kidnapping.

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Abuse victim gets second shot at justice   (access required)

When Kelly Waldron Bowles, 27, finally decided in 2002 to report years of sexual abuse at the hands of her former stepfather, a Dorchester County grand jury indicted Donald A. Baxter with second degree criminal sexual conduct with a minor and committing a lewd act upon a child. Baxter eventually pleaded guilty to the lesser offense of aggravated assault and battery by taking indecent liberties with a minor, and was sentenced to six years in prison, reduced to two years probation. He did no jail time. But in the civil suit that followed eight years later, it took Berkeley County Court of Common Pleas Judge Stephanie McDonald just one day to find for the victim. On November 15, McDonald awarded Bowles $14 million in damages on her claims of sexual assault, sexual battery, intentional infliction of emotional distress and gross negligence. “The award cannot replace the childhood and innocence that Kelly lost,” said her attorney, Joseph P. Griffith Jr. of Charleston (pictured).

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Criminal Practice – Criminal Sexual Conduct – Lesser Included Offense – Assault – Insufficient Circumstantial Evidence (access required)

State v. Gilmore Even though defendant contends he and the victim had consensual sex after he battered her, he was not entitled to a jury instruction on the lesser-included offense of assault and battery of a high and aggravated nature because there was no direct evidence of consent and there was insufficient circumstantial evidence of consent: the events occurred in the context of the victim going to defendant’s house purportedly to check on her furniture, but staying for hours alone with him; the victim testified she knew defendant wanted to get back together with her, and they talked about it that afternoon...

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