State v. Baney

OPINION

James M. Dowd, Presiding Judge

Cary L. Baney, a chiropractor, was found guilty by a jury in the circuit court of Montgomery County of one count of deviate sexual assault arising out of the unwelcome touching by Baney of a female patient’s genitals with his hand during an office visit in August 2013. Baney was sentenced to five years’ imprisonment. Baney appeals, asserting three points of error: (1) that the trial court erred in denying his amended motion for a new trial based on Baney’s post-trial discovery that C.P. (“Victim”) was pursuing a civil claim for damages against him because…