State v. Jonathan B. (Signed Opinion)
Annotate this CasePetitioner was convicted of second degree sexual assault, incest, detaining with intent to defile, and conspiracy. Petitioner filed a motion for a new trial, which the circuit court denied. Defendant appealed, arguing that the circuit court (1) erred by allowing the State to admit in its case in chief eight pornographic file names obtained during a search of his personal laptop computer, (2) erroneously applied the Rape Shield statute in refusing to allow him to admit into evidence a notebook maintained by the victim, and (3) erred by allowing the State to introduce evidence of his illegal drug and alcohol use. The Supreme Court reversed the circuit court's order denying Petitioner's motion for a new trial, holding (1) the court committed reversible error by failing to fully evaluate the admissibility of pornographic file names pursuant to a McGinnis hearing; and (2) the court erroneously applied the Rape Shield statute in refusing to allow Petitioner to admit the victim's notebook into evidence. Remanded.
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