Smith v. State (Majority)
Annotate this CasePetitioner was found guilty by a jury of two counts of rape for engaging in sexual intercourse with his girlfriend's daughters when they were both under the age of fourteen. After the judgment was affirmed, Petitioner's petition for postconviction relief was denied. Petitioner subsequently petitioned to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis and a motion for leave to file a response to the response filed by the State. The allegations in Petitioner's petition primarily pertained to his claim that the victims were not under the age of fourteen when the offenses occurred. The Supreme Court denied the writ and the motion, holding that Petitioner did not meet his burden of demonstrating that the writ was warranted.
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