Document Type

Case Summary

Publication Date

Fall 9-6-2019

Case Synopsis

The Court reviewed an appeal from a defendant who was convicted of seven sexually related counts. The defendant challenged his conviction on three grounds: (1) that the district court erred in permitting the victim to testify via two-way audiovisual transmission; (2) that the district court abused its discretion in proceeding to trial after the State raised concerns about the defendant’s competency; and (3) that the district court erred in convicting the defendant of both sexual assault and attempted sexual assault where both counts were based on the same incident. The Court concluded that the district court properly permitted testimony via audiovisual transmission and adopted the Craig test to determine when audiovisual testimony is proper. The court further concluded that the district court did not abuse its discretion in allowing the trial to proceed despite questions regarding the defendant’s competency, but that the district court erred in convicting the defendant of both sexual assault and attempted sexual assault.

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