State v. Grey Owl

The majority opinion outlines the proper law of the case but reaches the wrong conclusion.

There is no evidence in this record which could possibly rise to the level of being corroborative of the victim’s thoroughly impeached testimony. No witness saw appellant, his children or his car at the victim’s trailer near the time of the alleged attempted rape. Even the victim’s children *806who were in the trailer at the time of the incident, including her son Junior who was sleeping in the same bed as the victim, did not testify to -appellant’s presence.

Evidence that the rear bedroom of the victim’s…