McBride v. Lavigne (Per Curiam Opinion)
Annotate this CaseThe warden of a correctional complex appealed the decision of the circuit court vacating a conviction entered against Respondent for one count of sexual assault in the first degree, one count of child abuse resulting in serious bodily injury, and one count of incest, and awarding him a new trial. As grounds for its decision to grant Respondent relief on his habeas corpus petitions, the circuit court cited three errors committed by the trial court. The Supreme Court reversed the circuit court's grant of habeas corpus, holding (1) the circuit court abused its discretion in granting a new trial to Respondent without the proper demonstration that Respondent's constitutional right to a fair trial was violated by the giving of one particular instruction; (2) the circuit court abused its discretion in ruling that the limitation of character witnesses to four was constitutionally deficient; and (3) the circuit court erred in funding the evidence was insufficient to convict Respondent of the rape of the victim.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.