State v. Barela

Justice LEE,

opinion of the Court:

T1 This is an appeal from a conviction of Robert Barela of first-degree rape. Barela claims that his trial counsel was ineffective in a variety of ways and asserts error in the district court's refusal to issue a subpoena for the victim's medical records. He also challenges the sufficiency of the evidence to establish that the victim of the alleged rape had not consented to sex, an issue that requires us to interpret the statutes defining noneon-sent in the context of a rape charge.

12 We reverse, finding ineffective assistance in counsel's failure to object to…