Chance v. State

Joseph Chance appeals his conviction for lewd and lascivious molestation of a child under age twelve. He argues that the trial court abused its discretion in failing to grant his motion for new trial after the prosecutor shifted the burden of proof by asking Chance why he was just disclosing details of his defense for the first time at trial and whether he had physical evidence and witnesses present to corroborate some collateral matters to which he testified. Although Chance raised this issue in a motion for new trial, his trial counsel failed to contemporaneously object to the questions or…