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Criminal Law Keyed to Dressler

State v. Cotton

Facts

In 1986, the Defendant, together with his wife Gail, five children and his step-daughter, moved to New Mexico. A few months later, Gail and the children returned to Indiana. However, a short time later, the Defendant’s fourteen-year-old step-daughter moved back to New Mexico to reside with him. In May of 1987, the Defendant was arrested and charged with multiple counts of criminal sexual penetration of a minor and criminal sexual contact of a minor. While awaiting trial in jail, the Defendant discussed with his cellmate, James Dobbs (Dobbs), his desire to persuade his step-daughter not to testify against him. Later, the Defendant wrote a letter to his wife to persuade her to assist him by persuading his step-daughter not to testify. The Defendant asked Dobbs to obtain a stamp for the letter. However, Dobbs removed the letter and instead, inserted a blank page in the envelope. Dobbs then gave the original letter to the authorities. Later that month, the Defendant composed anoth er letter to his wife, again seeking her assistance in preventing the step-daughter from testifying. However, that second letter was never mailed to the Defendant’s wife.

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