Evidence keyed to Fisher
State v. Kinney
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Defendant (who, by his own admission, was intoxicated the night of the crimes) and three of his friends drove to another man’s house one night, hoping to purchase cocaine. Defendant entered the house and after a short time came out of the house carrying a young woman (Victim) over his shoulder. Defendant claimed Victim came with him willingly, but Victim claimed she was taken from the bed where she was sleeping against her will, and that she repeatedly asked to be let out of the car where Defendant took her. Defendant, Victim, and the others arrived at a party and entered the house where the party was being held. Defendant claimed Victim walked into the house, “of her own volition,” but Victim claimed she was pulled into the house by her arm. One of Defendant’s friends that accompanied the two that night testified that Victim was dragged into the house, “like a puppy dog.” After leaving the party, Defendant and Victim went to Defendant’s parents’ house, where the sexual intercourse at issue took place. Defendant claimed the sex was consensual, while Victim claims she was raped by Defendant. The next morning, Victim was taken home by a friend of Defendant’s, and Defendant was eventually charged with and convicted of kidnapping, aggravated sexual assault, and lewd and lascivious behavior.
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