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Thursday, April 7, 2011
State v. Cooper - sexual battery
The Twelfth Circuit upheld the 3 year sentence of Cooper. Cooper was charged with four counts of rape and four counts of felonious sexual battery. The court found him guilty of the four counts of felonious sexual battery. The court sentenced Cooper to four different 3 year sentences, although all of them were to run concurrently (at the same time). Cooper appealed, claiming that the conviction was against the weight of the evidence. In a bench trial, such an appeal is only successful if the trial court "clearly lost its way and created such a manifest miscarriage of justice that the conviction must be reversed and a new trial ordered." In Cooper, the court of appeals found no miscarriage of justice and affirmed the conviction.
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