Brown v. State
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The Supreme Court affirmed the judgment of the district court convicting Defendant of sexual assault in the third degree and intentional abuse of a vulnerable adult, holding that there was no error in the proceedings below.
On appeal, Defendant argued that the district court erred when it admitted hearsay testimony of five witnesses and a video recording of the victim's Children Advocacy Project (CAP). Defendant also argued that the evidence was insufficient for the jury to convict him of the offenses. The Supreme Court affirmed, holding (1) neither the admission of the challenged testimony nor the CAP interview video violated a clear and unequivocal rule of law in a clear and obvious way, and in any event, Defendant failed to meet his burden of proving that he was materially prejudiced by admission of the evidence; and (2) the evidence was sufficient for the jury to convict Defendant of both sexual assault in the third degree and intentional abuse of a vulnerable adult.
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