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Mowoe v. State

The defendant's trial counsel was deficient in failing to object to the prosecutor's closing argument.

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Mackie Omatshola Mowoe appeals following the trial court’s denial of his motion for new trial after a jury convicted him of one count of rape.1 We reverse for the reasons set forth below.

Viewed in the light most favorable to the verdict, the evidence shows that Mowoe and the victim lived on different floors in the same apartment building. The victim lived on the upper floor with her three-year-old daughter and some friends. Mowoe lived on the floor below with a man named Jersey, who had a daughter the same age as the victim’s daughter and whom the victim dated for a brief time after moving to the apartment complex. The victim met both men within a few weeks after she moved into the complex. And on least one occasion, she stayed outside talking with Mowoe, Jersey, and others in the complex parking lot.

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