Longjaw v. State
Annotate this CaseA jury convicted Defendant of aggravated burglary and sexual intercourse without consent. Defendant argued on appeal that his convictions should be reversed because his standby counsel had a conflict of interest, the district court erred by modifying the jury instructions regarding aggravated burglary during jury deliberations, and his counsel was ineffective for failing to obtain an independent medical expert. The State conceded reversible error on the instruction issue and requested that Defendant's conviction for aggravated burglary be vacated on that basis. The Supreme Court reversed Defendant's conviction for aggravated burglary and affirmed Defendant's conviction for sexual intercourse without consent, holding (1) Defendant's standby counsel did not have an active conflict of interest that required reversal of Defendant's sexual intercourse without consent conviction; and (2) because the record did not fully explain why an independent medical examination or expert was not ultimately obtained by Defendant's counsel, Defendant's claim that his counsel rendered ineffective assistance by failing to obtain a medical expert could not be reviewed on appeal.
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