Tuesday, February 26, 2013

Rusk v. State case brief

Rusk v. State case brief summary
43 Md. App. 476

PROCEDURAL POSTURE: Defendant sought review of a judgment of the Criminal Court of Baltimore (Maryland), which convicted him of rape. Defendant was also convicted of assault.

FACTS: Defendant was convicted of rape and assault. He sought review and asserted that the evidence was insufficient to support the rape conviction. Defendant did not appeal the assault conviction.

HOLDING:
The court held that the prosecution failed to show that defendant's words or actions created a reasonable fear in the mind of the victim that if she resisted, he would have harmed her or used force to overcome the resistance.

OUTCOME: The rape conviction was reversed. The assault conviction was affirmed.
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