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| Cumulative Error |
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Noble v. State,
No. F-2004-1065 (Okl.Cr., August 12, 2005) (Unpublished): Solid winner!!! Thirty year sentences for Lewd Molestation/Forcible Oral Sodomy/Exhibiting Porn to a Minor reversed and remanded for new trial based on improper vouching by child welfare worker (in her opinion the complaining witness was "truthful"); error in refusing to give a jury instruction on impeachment by prior inconsistent statements; and prosecutorial misconduct in referring to Noble as a "monster"). The Court held the accumulated effect of these errors deprived Noble of a fair trial. NOTE: In "lewd acts" cases, be particularly vigilant in noticing whether the social worker/forensic interviewer "vouches" for the credibility of the minor complaining witness; and be sure to object and make a good record. This appears to be one issue to which COCA is sensitive and will be inclined to grant relief.
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United States v. Caraway,
No. 07-3229 (10th Cir., July 28, 2008) (Published): Cumulative Error: Caraway was convicted by jury of Causing an Explosive Device to be Delivered by U.S. Mail and Possession of an Explosive Device During and in Relation to a Crime of Violence. Basically, he mailed a homemade shrapnel bomb to the man whom his ex-wife was seeing. He was convicted and sentenced to 30 years. AFFIRMED over his claims of sufficiency of the evidence and improper admission of evidence (prior statements of witness and statements about a bomb-construction manual). NOTE: The panel also modified its approach to cumulative error analysis when un-preserved errors and preserved errors are asserted.
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