State v. McMillen

The Supreme Court affirmed Defendant's conviction of four counts of rape in the fourth degree, one count of sexual exploitation of a minor, one count of solicitation of a minor, and a misdemeanor count of enticing a child away, holding that Defendant's sentences did not violate double jeopardy protections and that the State did not commit prosecutorial misconduct.On appeal, Defendant argued (1) his sentences for sexual exploitation of a minor and solicitation of a minor violated the Double Jeopardy Clause of the Fifth Amendment because those convictions arose from the same conduct as the rape convictions; and (2) in asking about similarities between Defendant's step-daughter and the victim during cross-examination the State engaged in prosecutorial misconduct. The Supreme Court affirmed, holding (1) any error in conviction and sentence for solicitation and sexual exploitation of a minor was not plain; and (2) Defendant did not show that the State's improper cross-examination affected his substantial rights. View "State v. McMillen" on Justia Law