September Argument Preview

The Court is going to hear argument in four criminal cases this month.

September 17: State v. Vance Watkins. The trial court admitted testimony by an expert witness regarding the handling and testing of DNA evidence. The expert admitted that "she didn't have any personal knowledge of how this testing was performed." On appeal, Mr. Watkins argued that the evidence violated his right to confront witness and also that it was inadmissible hearsay.

The Court of Appeals agreed with the hearsay issue and vacated the judgment of conviction. One of the issues on review is whether the COA erred by considering the hearsay issue since it was not raised until the reply brief even though both sides had the opportunity to present supplemental briefing.

State v. Christopher Flegel presents a double jeopardy issue. At his first trial, the jury acquitted Mr. Flegel of L&L and hung on Count II, sex abuse of a minor. At the second trial the court's instructions permitted the jury to find Mr. Flegel guilty based upon the same evidence he was acquitted of in the first trial. The COA found the error was not harmless and vacated the conviction. The Supreme Court accepted the state's petition for review.

Morgan v. Sexual Offender Classification Board is an appeal from a Violent Sexual Predator classification. Mr. Morgan argues that the Classification Board should have produced requested documents to him so he could use them during his appeal to the district court of the Board's VSP designation. He also challenges the classification itself as he is wheelchair bound.

September 18: Paul Rhoades v. State is a non-capital post-conviction case. Mr. Rhoades filed a post-conviction petition alleging prosecutorial misconduct among other causes of action. The issue on appeal is whether the district erred by dismissing the petition as being untimely.