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.

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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