Thacker v. State (Majority, with Concurring and Dissenting)
Annotate this CaseAfter a jury trial, Appellant was convicted of residential burglary and rape. Appellant appealed, arguing that the circuit court erred in excluding evidence of DNA from semen samples found on the victim’s bedsheet and pillow that were inconsistent with his DNA. Appellant asserted that the evidence was relevant to his theory of misidentification and that the probative value of evidence of another person’s semen at the crime scene outweighed any prejudice to the victim. The Supreme Court affirmed, holding that the circuit court did not commit a manifest abuse of discretion in denying Appellant’s motions to admit such evidence pursuant to the rape-shield statute.
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