Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Lilly v. State

Any inconsistencies in the 5-year-old victim's prior statements or issues regarding her credibility were matters for the jury to resolve.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Following a jury trial, Donald Lilly was convicted on one count of aggravated sexual battery1 and one count of child molestation.2 He appeals his conviction and the denial of his motion for new trial, arguing that the trial court erred in denying his motion for a directed verdict of acquittal based on insufficiency of the evidence. For the reasons set forth below, we affirm. The standard of review for the denial of a motion for a directed verdict of acquittal is the same as determining the sufficiency of the evidence to support a conviction. Hash v. State .3 “We view the evidence in the light most favorable to the jury’s verdict, and the defendant no longer enjoys the presumption of innocence.” Wesson v. State .4 We do not weigh the evidence or determine witness credibility, but only determine if the evidence was sufficient for a rational trier of fact to find the defendant guilty of the charged offense beyond a reasonable doubt. Jackson v. Virginia .5

So viewed, the evidence shows that in early 2003, Lilly periodically lived with Joseph Prueitt Lilly’s half-brother and Prueitt’s family, which included his wife, his son, and his five-year-old daughter A. P. During the times that Lilly lived with Prueitt, he occasionally slept in the same bedroom as A. P. One night when Lilly was gone, A. P.’s stepmother Prueitt’s wife was awakened by A. P., who was crying and holding her privates while pacing back and forth at the foot of her stepmother’s bed. After her stepmother attempted to calm her and asked her what was wrong, A. P. responded that several nights earlier, Lilly had crawled into her bed and had touched her privates. A. P.’s stepmother immediately called her husband, who was working a night shift, and the police. The police officer who responded to the call took statements and scheduled A. P. to be interviewed a few days later. During this videotaped interview, A. P. stated that Lilly had touched her privates and had also put his finger inside her privates.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Director of Legal Affairs

WittKieffer is proud to partner with Mom's Meals in the search for their Director of Legal Affairs. Mom's Meals is an investor-owned compan...


Apply Now ›
Trial Attorney Personal Injury.

Nutley Law firm concentrating in plaintiff's personal injury for plaintiff seeks an Attorney with three or more years of experience in New J...


Apply Now ›
MID-SENIOR LEVEL EMPLOYMENT ASSOCIATE OR PARTNER WANTED FOR BOUTIQUE FIRM OPPORTUNITY TO INHERIT AND GROW PRACTICE (Atlanta, GA)

Our client, an outstanding boutique litigation firm based in Atlanta, is seeking to add an experienced Employment Litigation Attorney to the...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements