State v. Deveraux
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The Supreme Court affirmed Defendant's conviction of five felony sexual offenses against his former stepdaughter and one count of sexual intercourse without consent against his former wife, B.J., holding that there was no reversible error in the proceedings below.
Specifically, the Supreme Court held (1) the district court's denial of Defendant's motion to remove a prospective juror for cause was not a structural error requiring reversal of Defendant's convictions or a new trial; (2) the district court did not err by giving a conduct-based jury instruction defining mental state for the offense against B.J. rather than a results-based definition; and (3) this Court declines to exercise plain error review of an incorrect jury instruction on the definition of consent offered by Defendant.
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