Underwood v. State

Barnes, Judge.

A jury convicted James R. Underwood of raping his wife, as well as aggravated assault and false imprisonment. The trial court sentenced him to the mandatory minimum of ten years to serve concurrently on each count. He appeals, arguing that his wife recanted her initial story and the trial court erred in admitting hearsay evidence of his wife’s statements regarding the crimes. He also asserts that his trial counsel was ineffective for failing to advise him that the statements could be admitted under the res gestae exception to the hearsay exclusion rule, causing him to decline…