CASE LAW UPDATE: Whether the evidence was sufficient to support convictions of 1st degree criminal sexual conduct and 3rd degree criminal sexual conduct?
Defendant was convicted of 1st degree criminal sexual conduct, 3rd degree criminal sexual conduct, felony stalking, and assault. On appeal, defendant argued that the evidence was not sufficient to support his convictions. The victim’s testimony was that defendant put his arm around her neck and grabbed her arm, eliciting pain, to force her to show him to her bedroom, that defendant forcefully choked her during sex, and, that she tried but was unable to push him off. The Minnesota Court of Appeals concluded that evidence showed that the victim reasonable possessed an imminent fear of great bodily harm and that the evidence was sufficient to support the convictions.
State v. Schuety, A19-1637, Crow Wing County.
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.