State v. Lang

Goolsby, Judge:

Leon Lang appeals his convictions and sentences for kidnapping, first degree criminal sexual conduct, and pointing a firearm. His appeal charges the trial court with reversible error in not allowing him to introduce evidence of the victim’s sexuality after the State introduced evidence the victim was not a homosexual. We reverse and remand for a new trial.

During direct examination, the victim was asked by the prosecutor, “Are you homosexual?” The victim answered he was not. Later, on cross-examination, he characterized himself as heterosexual. When Lang proposed to introduce…