State v. D. Pierce

Summary

The Court held that the District Court improperly instructed the jury on the mental state required for sexual intercourse without consent by using a result-based high-probability formulation rather than requiring awareness of the defendant’s conduct. Because the error concerned an essential element, lowered the State’s burden of proof, and could not be found harmless on this record, the Court reversed and remanded for a new trial. The Court upheld the exclusion of evidence concerning the victim’s prior drinking habits and the defense expert testimony as proffered and preserved.