Merriweather v. State

MICHAEL A. WOLFF, Judge.

Introduction

The jury found Jason Merriweather guilty of forcible sodomy based solely on the testimony of the complaining witness, T.B., who said Merriweather ordered her into his car at gunpoint and forced her to perform oral sodomy. Merriweather said T.B. flagged down his car and offered to exchange oral sex for drugs. T.B. and Merriweather were the only witnesses to the encounter; there was no physical evidence.

The state failed to disclose T.B.’s criminal record, which included convictions for theft. Upon Merriweather’s Rule 29.15 post-conviction motion, the motion…