State v. Draper (20)

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State v. Draper (20)

Case Number
S-15-1222
Call Date
October 5, 2016
Court Number
Franklin
Case Summary

S-15-1222 State v. Peter Draper (Appellant)

Franklin County District Court, Judge Stephen R. Illingworth

Attorneys: Stacy M. Foust (Attorney General's Office) --- Charles D. Brewster (Anderson, Klein, Brewster & Brandt) (Appellant)

Criminal: Child abuse resulting in death; child abuse resulting in serious bodily injury

Proceedings below: Appellant was convicted following a jury trial and sentenced to consecutive sentences of 60 years to life imprisonment and 49-50 years.

Issues: The district court erred by 1) finding sufficient evidence to convict Appellant of child abuse resulting in death beyond a reasonable doubt, 2) finding sufficient evidence to convict Appellant of child abuse resulting in serious bodily injury beyond a reasonable doubt, 3) by overruling Appellant's objection on the basis of speculation and foundation about lay testimony concerning the cause of an injury to the victim's ear, 4) by allowing improper 404 evidence to be adduced concerning the Appellant' s character, 5) by allowing testimony concerning the emotional reaction of witnesses without proper foundation, and over Appellant's relevancy objection, and 6) by giving the Appellant an excessive sentence.