(Download) "State Idaho v. Kurtis L. Bingham" by Supreme Court Of Idaho # Book PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Kurtis L. Bingham
- Author : Supreme Court Of Idaho
- Release Date : January 15, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
This is a criminal case in which Kurtis Bingham has appealed his convictions and sentences for statutory rape, lewd conduct with a minor and kidnapping in the first degree. Bingham has presented a multitude of issues. We have found most to be without merit. The issues that have enough merit to warrant Discussion concern: (1) the failure of the trial court to grant Bingham an opportunity to have the victim examined by an expert witness to determine her competency and ability to receive and relate facts, (2) the admission of statements of the victim as excited utterances, (3) the admission of the opinion of a doctor on the question of whether penetration was with a penis, (4) the effectiveness of counsel in defending Bingham, (5) the refusal of the trial court to allow Bingham to call the victim as a witness at the hearing on his motion for a new trial, (6) the sentencing of Bingham for both rape and lewd conduct and (7) the excessiveness of the sentences. We affirm Binghams convictions, his sentences for rape and kidnapping and the denial of his motion for a new trial. We vacate his sentence for lewd conduct on the ground that there is insufficient evidence in the record to establish that the acts alleged in the charge of lewd conduct occurred separately from the rape.