State v. Dinkel
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The Supreme Court reversed Defendant's conviction of two counts of rape of a child under fourteen years of age, holding that Defendant's counsel was ineffective.
A jury convicted Defendant of two counts of rape of a child under fourteen years of age for her actions as a middle school counselor in allegedly engaging in sex acts with a student. The court of appeals affirmed. The Supreme Court reversed the court of appeals' holding that Defendant's intent was irrelevant in this case and remanded the case to the district court for a Van Cleave hearing. The district court concluded that trial counsel had not been ineffective. The Supreme Court reversed and remanded the case for a new trial, holding (1) the absence of an instruction permitting the jury to apply Defendant's defense was prejudicial; and (2) there is no mental culpability requirement for rape of a child under fourteen.
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