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Ethics/Professional Responsibility

Feb. 28, 2017

Court overturns child molestation convictions due to prosecutorial misstatements

The 2nd District Court of Appeal has overturned the convictions and a 65-years-to-life sentence for a defendant accused of sexually molesting minors because a San Luis Obispo County prosecutor misrepresented to jurors the presumption of innocence afforded to criminal defendants.

By Kevin Lee
Daily Journal Staff Writer

The 2nd District Court of Appeal has overturned the convictions and a 65-years-to-life sentence against a man accused of sexually molesting minors because a San Luis Obispo County prosecutor misrepresented to jurors the presumption of innocence afforded to criminal defendants.

"We caution prosecutors to observe and respect the law and not rely on harmless error as a safety net to ensure a convicti...

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