WELLS V. COM.
Criminal:  Incest, paternity, juror bias
2004-SC-000593-DG.pdf
PUBLISHED: AFFIRMING; GRAVES
DATE RENDERED: 11/22/2006

On discretionary review, SC affirmed Defendant’s conviction and 15 year sentence for Rape in the Third Degree and Incest. TC did err by admitting the DNA test results as a business record exception to the hearsay rule; however, said error was harmless. Wells admitted paternity of the child in two letters to D.M. that were admitted at trial. Moreover, paternity was not a required element of either the rape or incest charge. TC did not err in refusing to strike juror for cause.