Woman comes forward to accuse lawyer of 2007 rape in Boston, wants to face him in court
BOSTON (AP) — A woman who has accused a New Jersey man of raping her 16 years ago in Boston says she felt that her freedom had been taken away from her that night, and she wants to face him in court. “It’s been horrible. A big part of my life stopped that day,” Lori […]
DNA from drinking glass linked New Jersey man to 4 Boston sexual assaults, prosecutor says
BOSTON (AP) — A New Jersey lawyer charged with sexually assaulting four women in Boston about 15 years ago was ordered held on $500,000 bail Monday during a hearing in which a prosecutor said authorities helped tie him to the attacks by getting DNA from a drinking glass he had used. Matthew Nilo, of Weehawken, […]
Ex-intern sues Idaho lawmakers for harassing her after rape
BOISE, Idaho (AP) — A former Idaho legislative intern is suing a lawmaker who was convicted of raping her and one of his colleagues for publicly releasing the teen’s identity and launching a campaign of harassment against her. The young woman, who uses the pseudonym “Jane Doe” in the federal lawsuit, was just 19 when […]
N.C. man freed after 1976 rape conviction vacated
CONCORD, N.C. (AP) — A North Carolina man who spent 44 years in prison for a rape he says he didn’t commit was freed Thursday. Ronnie Long’s attorney broke the news of his impending release via Twitter on Wednesday, the Charlotte Observer reported. “The state said it will ask the district court to enter a […]
Lawyers for man serving life for rape vow to continue appeal
Attorneys for a North Carolina man serving life in prison for a 1976 rape that he denies committing are vowing to continue their appeals effort after a federal court panel ruled against him. In a 2-1 ruling Wednesday, a three-judge panel of the Fourth Circuit Court of Appeals upheld decisions by state and federal judges […]
New tracking system for rape kits, federal grant announced
North Carolina government’s top lawyer says a new tracking system for pending sexual assault evidence kits and new funds toward completing untested kits sitting in local law enforcement agencies will help bring victims justice. Attorney General Josh Stein announced the new tracking system Thursday at the State Crime Lab. It will provide real-time updates for […]
Criminal Practice – Rape – Eyewitness Testimony & Physical Evidence – SBM – No Hearing
The state presented the following evidence: (1) the victim was heard screaming; (2) strangers Jean and John ran toward the sound of the screams and “saw a man straddling” the victim; (3) John threw the man off the victim and saw him pulling his pants up and that he had an erection; (4) the victim’s […]
Criminal Practice – Rape Shield Law – Victim’s STDs – Exception
The trial court should have admitted a medical expert’s proffered evidence that the child victim had two STDs, while defendant did not have the STDs, making it unlikely that the two engaged in unprotected sex for several years, as the victim testified. We reverse the Court of Appeals’ decision upholding the trial court’s exclusion of […]
Criminal Practice – Jury Instructions – Evidence – Prior Bad Acts – Rape
State v. Watts (Lawyers Weekly No. 010-053-17, 4 pp.) (Per Curiam) Appealed from Columbus County Superior Court (James Gregory Bell, J.) On appeal from the Court of Appeals. N.C. S. Ct. Holding: In defendant’s trial for rape and sexual offenses against a child, the trial court allowed the state to present testimony from a witness […]
Defense lawyer spars with legislator over rape law bill
Durham criminal defense lawyer and prolific Twitter user Greg Doucette picked a fight recently when he called Sen. Jeff Jackson a “hack politician” for pushing a bill to close an apparent loophole in North Carolina’s rape law. Doucette said in an interview that it wasn’t so much Jackson’s proposal, Senate Bill 553, that got his […]
Criminal Practice – Attempted Second-Degree Rape – No-Contact Order – Victim’s Children
State v. Barnett (Lawyers Weekly No. 010-017-17, 16 pp.) (Robin Hudson, J.) Appealed from Rockingham County Superior Court (Edwin Wilson, J.) On discretionary review from the Court of Appeals. N.C. S. Ct. Holding: A no-contact order under G.S. § 15A-1340.50 is intended to protect only the victim of a sexual assault; third parties may not […]
Criminal Practice – Attempted Rape – Inference – Home Invasion – Jury Instructions – Intent
State v. Marshall (Lawyers Weekly No. 011-083-16, 15 pp.) (Richard Dietz, J.) Appealed from Wake County Superior Court (Henry Hight Jr., J.) N.C. App. Holding: Where (1) defendant and his brother isolated the victim from her husband and one said, “Maybe we should,” to which the other responded, “Yeah”; (2) defendant’s brother then forced the […]
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