State v. Rushing

JEFFREY W. BATES, Chief Judge.

Following a second jury trial, Harold Rushing, Jr. (Defendant) was convicted on two counts of first-degree statutory sodomy, one count of second-degree statutory sodomy and one count of attempted forcible rape. See §§ 566.062, 566.064, 566.030. 1 The charges against him involved allegations that he sexually abused his daughter, T.R. (Daughter). Defendant’s appeal presents eleven points for review. His third point, however, is dis-positive. After a first trial had ended in a hung jury, and only six days before a second trial began, Defendant was made aware that…