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Tuesday, May 3, 2016

Defendant loses another appeal in rape case

Friday, July 20, 2012

A woman serving 40 years for child rape has lost yet another appeal in her case.

Rhonda Louise Medley was charged in 2007 with five counts of rape of a child and was later convicted of the crimes. Medley was 28 at the time the incidents took place and the victim was a 12-year-old boy.

She lost an appeal last year, and has now filed another claiming ineffective assistance of counsel because her court appointed attorney failed to advise her properly regarding her right to testify at trial and by failing to call certain witnesses.

Denial claimed

Medley earlier admitted to five separate sexual encounters with the boy, Shelbyville detectives said in court.

But Medley claimed that if she had testified, she would have denied the allegations and discredited the victim, and said her attorney, Hershell Koger, failed "to advise her sufficiently" with respect to her decision whether to testify.

However, Koger told Medley if she testified, she would have to consistently explain on the one hand that she did not commit the offenses, while on the other hand explain why she twice confessed.

Lawyers backed

Appellate Judge Jeffrey Bivins stated after a review of the record, the decision whether to testify was made by Medley on the advice of her attorney and "both agreed that the decision was influenced by the desire to avoid rigorous cross-examination."

Also, Medley said her attorney failed to call her husband and father-in-law as witnesses, but Bivins said that calling them for testimony would have made "little significance in light of the overwhelming evidence of the petitioner's guilt."