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Home / Opinion Digests / Criminal Practice / Criminal Practice –  Constitutional – Right to Counsel – Admission of Guilt – Single Element – Mistrial Motion – Witness Tampering Question (access required)

Criminal Practice –  Constitutional – Right to Counsel – Admission of Guilt – Single Element – Mistrial Motion – Witness Tampering Question (access required)

  During closing arguments, defense counsel, without defendant’s consent, told the jury that the issue was whether the victim had consented to sexual contact, thereby either misspeaking or admitting to one element of the forcible sexual offense charge against defendant. Neither an admission of an element without defendant’s consent nor misspeaking constitutes a per se violation ...

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