recognizing that a cautionary instruction “adequately protects [a] defendant against the possibility that the jury would convict him on the basis of his character rather than his guilt”
How later courts described this case
- recognizing that a cautionary instruction “adequately protects [a] defendant against the possibility that the jury would convict him on the basis of his character rather than his guilt”
- stating that a person acts with "force” when he grabs the victim by the shoulders, grabs her buttocks and vaginal area, and the victim fears that "anything could happen”
- explaining that underlying reason for whole-person rationale is that it is important for jury to know what sort of person is asking to be believed
- discussing cautionary jury instruction that directs jury to consider defendant’s prior conviction only as it relates to defendant’s credibility
Written by the judges who cited it.
The opinion
OTIS, Justice
(dissenting).
I concur in the dissent of Justice WAHL.