State v. Bradley

This is an appeal from a jury verdict finding defendant guilty of Sexual Intercourse Without Consent and from the attendant sentence imposed by the Sixteenth Judicial District Court, Custer County. We reverse and remand for a new trial.

We consider one issue as dispositive of this case:

Did the District Court err in failing to instruct the jury correctly on the applicable law of the case?

In January of 1988, Robert Stacy Bradley (Bradley) lived in a rooming house in Seattle, Washington. The rooming house was owned by his then current mother-in-law. Bradley was in the process of divorcing his…