State v. Race
Annotate this CaseAfter a jury trial, Jared Race was convicted of two counts of rape, three counts of aggravated criminal sodomy, and four counts of aggravated indecent liberties with a child. The Supreme Court affirmed, holding (1) the district judge did not err by admitting certain testimony about one victim's allegation; (2) there was sufficient evidence to support conviction on the second count of rape of one victim; (3) the district judge did not abuse his discretion in denying Race's motions for mistrial based on one juror's observation of Race in a courthouse hallway while Race was wearing handcuffs, when the juror denied seeing anything remarkable about Race's appearance and had not shared his observation with other jurors; (4) the district judge did not abuse his discretion in denying a defense motion for mistrial when a juror was absent from the jury deliberations room for two minutes and Race did not demonstrate the jury deliberations continued during that time; and (5) error in failing to instruct the jury on the element of Race's age was harmless when Race's testimony confirming his age of eighteen years or older at the time of the offenses was uncontested.
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