Yates v. Commonwealth
Annotate this CaseThe Supreme Court affirmed in part and reversed in part the judgment of the trial court convicting Defendant of incest, first-degree unlawful transaction with a minor, use of a minor in a sexual performance, first-degree unlawful imprisonment, and first-degree sexual abuse. The trial court sentenced Defendant to seventy years’ imprisonment. In reversing in part, the Supreme Court held that Defendant’s convictions of incest, use of a minor in a sexual performance, and unlawful imprisonment were reasonably likely a result of prosecutorial vindictiveness. The court otherwise affirmed, holding that the trial court (1) did not err in overruling Defendant’s motion to dismiss his indictment due to prosecutorial vindictiveness; (2) did not err by not granting a directed verdict on the charge of unlawful transaction with a minor; (3) did not permit double jeopardy violations; and (4) erred by permitting the victim’s mother to improperly vouch for the victim’s credibility, but the error was harmless.
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