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State v. Lamb

Defense counsel was deficient for failing to obtain the similar transaction witness's criminal records.

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The State appeals from the trial court’s order granting Robert Lamb’s motion for new trial after a jury convicted him of sexual battery. The trial court granted Lamb’s motion for new trial after finding that Lamb received ineffective assistance of counsel. For the reasons discussed below, we agree and affirm. The evidence at trial was that the victim in this case, A. A., was the 15-year-old half-sister of Lamb’s wife Shannon. A. A. testified that she would often spend the weekend with her sister and brother-in-law and would baby-sit for them when needed.

When staying with the Lambs, A. A. slept on the couch in the living room. On the night in question, Lamb was sitting on one end of the couch and A. A. was lying on the couch with her feet in Lamb’s lap. Lamb’s seven-year-old daughter, who was also in the room, was asleep on the love seat. A. A. stated that Lamb was giving her a foot massage and then started moving his hands further up her legs. She testified: “I started feeling uncomfortable and I didn’t know what to do. So I just froze, basically and it got to where he was kind of laying on the back side of the couch with like one hand in like my groin area and one on my side and he was rubbing me and I didn’t know what to do.”

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