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State v. Edwards

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Tuesday, January 22, 2013

A-12-0567, State v. Joseph G. Edwards (Appellant)


Merrick County, District Judge Michael Owens


Attorney for Appellants:  Matthew C. Boyle (Lauritsen Brownell Brostrom & Stehlik)


Attorney for Appellee:  George R. Love (Assistant Attorney General)


Criminal Action:  1st degree sexual assault; abuse of a vulnerable adult; sexual assault of a child


Action Taken by Trial Court:  Appellant was tried at a bench trial on four felony counts but found guilty of only the above three counts. He was sentenced 10 to 20 years for 1st degree sexual assault; 4 to 5 years for abuse of a vulnerable adult and 10 to 20 years for sexual assault of a child. Sentences for the first 2 were ordered to run concurrently with the sentence for sexual assault of a child to run consecutively to the other two.


Assignments of Error on Appeal:  Edwards assigns: (1) there was insufficient evidence offered by the State to overcome the burden to prove guilt beyond a reasonable doubt; (2) the trial court erred in failing to allow Edwards to present evidence regarding false accusations of sexual assault, in addition to other conflicting statements, made by the victim contemporaneously with the accusations made against Edwards; (3) the trial court committed error in admitting into evidence Exhibits 28 and 29, which contain information regarding internet history contained on computers seized from Edward’s home; and (4) the trial court erred in failing to grant a continuance to obtain the services of an expert to testify regarding scientific theories which were essential elements of Edward’s defense.

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