Stabb v. State
Annotate this CasePetitioner was convicted by a jury of third-degree sexual assault and second-degree sexual assault. The victim was not referred for a sexual assault forensics exam. Before closing arguments, the trial judge gave a scientific evidence instruction instructing the jury that there was no legal requirement that the State utilize any specific investigative technique or scientific test to prove its case. Petitioner challenged the jury instruction on appeal. The court of special appeals affirmed. After the Court of Appeals granted certiorari in this case, it decided Atkins v. State, which stated that the most important consideration in evaluating whether a trial judge abused her discretion in giving a scientific evidence jury instruction was whether the instruction would run afoul of the prohibition against relieving the State of its burden where the the instruction's relation to the reasonable doubt standard was unclear. The Supreme Court reversed, holding (1) based on Atkins, no duty instructions are not per se improper, but (2) in the context of the present case, the trial court abused its discretion in giving such a jury instruction. Remanded for a new trial.
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