State v. Foust

HUNTER, JR., Robert N., Judge.

I. Factual & Procedural Background

On 15 February 2010, Robert Mitchell Foust (“Defendant”) was indicted for first degree rape. Defendant pled not guilty, and the case came on for trial before Judge James E. Hardin, Jr. on 16 August 2010. The State’s evidence at trial tended to show the following.

In late September 2008, Donna Toomes’ fiancé passed away from liver cancer. Not long after that, in September or October 2008, Defendant, who worked at a garage diagonal to Ms. Toomes’ home, came to her house to ask about her son. After that, Defendant began visiting…