State v. Bailey
Annotate this CasePeter Bailey was convicted in the circuit court on four counts of attempted sexual assault. The intermediate court of appeals affirmed. The Supreme Court vacated the circuit court's judgment and sentence, holding (1) the court abused its discretion in denying Bailey's motion for a mistrial because a juror statements regarding Bailey's prior murder charge and/or conviction were not harmless beyond a reasonable doubt; (2) the jury was properly instructed on the offense of attempted sexual assault in the first degree; and (3) the evidence was sufficient to support each of Bailey's convictions. Remanded for a new trial on the four counts of attempted sexual assault in the first degree.
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