State v. HurleyAnnotate this Case
After a jury trial, Defendant was found guilty of one count of engaging in repeated acts of sexual assault of the same child and sentenced to twenty-five years imprisonment. Defendant subsequently filed a post-conviction motion alleging ineffective assistance of counsel and prosecutorial misconduct. The circuit court concluded that the prosecutor’s remarks during closing argument were improper and ordered a new trial in the interest of justice. The court of appeals affirmed on other grounds, concluding that the amended complaint and information charging Defendant failed to provide adequate notice to satisfy Defendant’s due process rights and that the circuit court erroneously exercised its discretion in admitting other-acts evidence. The Supreme Court reversed and remanded to the circuit court with instructions that the judgment of conviction be reinstated, holding (1) the amended complaint and information provided adequate notice and, thus, did not violate Defendant’s due process rights; (2) the circuit court did not err in admitting the other-acts evidence; and (3) the circuit court erroneously exercised its discretion in granting a new trial in the interest of justice because of the prosecutor’s remarks during closing argument.