State v. Finley

Finney, Justice;

Appellant Timothy Eldon Finley was convicted of assault with intent to commit criminal sexual conduct in the first degree and sentenced to fifteen years imprisonment. We reverse and remand for a new trial.

On appeal appellant asserts that the trial court erred by (1) refusing to admit into evidence a tape recorded conversation offered to impeach complainant’s testimony on a material issue; (2) misapplying the Rape Shield Act; and (3) denying appellant’s motion for a directed verdict.

The appellant and the complainant had known each other for a short period of time. On the night…