State v. Herbel
Annotate this CaseAfter a jury trial, Defendant was convicted of rape and aggravated indecent liberties with a child. The Supreme Court affirmed Defendant's convictions, holding (1) the district court violated Defendant's constitutional and statutory rights when it replayed Defendant's recorded statement about specific incidents involving the child victim to a deliberating jury outside of his presence but in the courtroom, but the error was harmless; (2) Defendant failed to preserve his argument that the court erred when it allowed the child victim to testify with a comfort person alongside her; and (3) the court's jury instruction on reasonable doubt was legally appropriate.
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