People v. Lopez-Mendoza

The Court of Appeals affirmed Defendant's conviction of first-degree rape, holding that Defendant did not carry his burden of demonstrating ineffective assistance of counsel and that, even if erroneous, the introduction of DNA evidence was harmless. On appeal, Defendant argued (1) his trial counsel provided ineffective assistance by failing to review or comprehend the significance of surveillance video evidence contradicting his grand jury testimony of a consensual sexual encounter with the victim, and (2) the trial court violated his Sixth Amendment rights by admitting DNA evidence at trial because the analyst who testified at trial did not generate the DNA profile taken from Defendant's buccal swab. The Court of Appeals affirmed, holding (1) defense counsel provided meaningful representation; and (2) because the DNA evidence did not go to the determinative issue of consent, any error in admitting it was harmless. View "People v. Lopez-Mendoza" on Justia Law