STATE V. KIRSCH 662 A.2d 937 (1995) CASE BRIEF

STATE V. KIRSCH
662 A.2d 937 (1995)
NATURE OF THE CASE: Kirsch (D) appealed his convictions of aggravated felonious sexual assault, and felonious sexual assault based on a claim that the trial court erred in denying a motion to suppress evidence, and admitting evidence of other sexual assaults under 404(b).
FACTS: D was tried on thirteen indictments charging sexual assaults on three young girls between 1984 and 1987. Three other young women testified, pursuant to Rule 404(b), about sexual abuse committed against them by d from the late 1970's to the mid-1980's. Each young woman testified to similar activity and association with D. All had been approximately seven to ten years old with D using his church group to get close to the girls. Each rode on the bus or in his van and spent the night at the church or at D's home. Some remembered sitting in the D's lap, and all remembered the defendant's inappropriate touching, from fondling of the breasts and vaginal area to digital penetration, fellatio, cunnilingus, and sexual intercourse. The evidence was admitted and D was convicted and appealed. In part D argues that the trial court erred in permitting P to introduce evidence of other bad acts committed by D.

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LEGAL ANALYSIS:





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