State v. Courtney

GARYW. LYNCH, Chief Judge.

Michael C. Courtney, Jr. (“Defendant”) was charged with, tried by a jury for, and convicted of forcible rape in violation of section 566.030. 1 He appeals claiming, among other things, that the trial court erroneously overruled his hearsay objection to testimony related to a cell phone call, which prejudiced him. We agree, reverse the judgment of conviction, and remand for a new trial.

Factual Background

It is undisputed that Defendant and Complainant 2 spent several hours together in Complainant’s bedroom in her apartment during the early morning of January 13, 2005.…