Molina v. Commonwealth

I would reverse the jury’s convictions of Jaime Salvador Molina for rape and sodomy and dismiss the indictment be*371cause the evidence was insufficient to prove the offenses. I also believe that the convictions were improperly rendered because the trial judge erred by limiting the testimony of an expert witness on an issue of critical significance to Molina’s defense and by improperly instructing the jury on three disjunctive theories of rape.

I

At trial, the Commonwealth contended that Molina rendered the complaining witness unconscious by hitting her with some object, abducted her, and raped…