Matthews v. State

OPINION

DARDEN, Judge

STATEMENT OF THE CASE

Virgil Matthews appeals his conviction by jury for rape and criminal deviate conduct, both class B felonies.

We reverse.

ISSUE

Whether Matthews was denied his constitutional due process rights when the jury was instructed that “[t]he law presumes that an individual intends the consequences of his act.”

FACTS

Matthews was charged with the rape of and engaging in criminal deviate conduct with his mentally disabled thirty year-old stepdaughter, Claire Bailey. Specifically, the State charged that during a two year period, Matthews “did knowingly and/or…