Hardwick v. State

STEELE, Chief Justice.

Defendant-Appellant James Hardwick appeals from his Superior Court conviction on twenty nine counts of rape in the first degree and two counts of attempted rape in the second degree. Hardwick contends that the trial judge violated his federal and state constitutional rights to effective assistance of counsel and a fair trial when he denied a “missing witness instruction” request and thus prevented Hardwick from arguing to the jury that they could draw an inference adverse to the State’s case from a witness’s failure to appear at trial. We find no merit to Hardwick’s…