Millette v. State

A jury convicted Jeffrey Millette of sexual battery by a person in a position of familial or custodial authority. On appeal, Millette contends the State’s discovery violation warrants a new trial. We conclude that it does, so we reverse.

I

Millette’s teenage daughter told the jury that she lived with her mother but periodically visited Millette’s home. During one visit, when she was just fourteen, she woke up to find Millette on top of her, raping her. In pain and in shock, she pretended she was asleep and waited for Millette to stop. He finally did stop, and he left the room. The daughter…