State v. Sutherby

¶42 (dissent) — Poor little L.K. This innocent young girl was victimized at age five by her own grandfather, and now by a justice system that is supposed to protect her. The majority holds that Randy Sutherby, although convicted after a jury trial, is entitled to a new trial because he and his counsel did not ask to sever other criminal charges. I dissent because the majority finds this violates Sutherby’s constitutional rights and remands to force L.K. to an unnecessary second trial.

¶43 L.K. is not the only child victimized. The second half of the majority opinion holds that Sutherby’s…