Jonanthony Everhartv.The State
Jonanthony Everhart was convicted of two counts of cruelty to children in the first degree, one count of cruelty to children in the second degree, and related offenses. He appealed the denial of his motion for new trial, challenging the sufficiency of the indictment, evidentiary rulings, and trial counsel’s performance. The Court of Appeals held that one count of first-degree cruelty was not supported by a legally sufficient indictment because the charging language failed to allege the conduct required by the statute. The court reversed that conviction. It affirmed the remaining convictions after concluding that the indictment and evidence adequately supported them and that the asserted trial errors either were not preserved, were harmless, or did not satisfy the ineffective-assistance standard. The court distinguished a defective charge that fails to notify the accused of the offense from claims requiring proof of prejudice after a valid prosecution. The judgment was affirmed in part and reversed in part. Two judges concurred.
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