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DUKE v. STATE

No. 06-10-00209-CR.

365 S.W.3d 722 (2012)

Jesse Ray DUKE, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Texarkana.

Decided: March 27, 2012.

Rehearing Overruled May 1, 2012.

Attorney(s) appearing for the Case

Peyton Z. Peebles III, The Peebles Firm, Sean T. McAlister, Capitaine, Shellist & McAlister, LLP, Houston, for appellant.

Clint Allen, Dist. Atty., Linden, for appellee.

Before MORRISS, C.J., CARTER and MOSELEY, JJ.

OPINION

Opinion by Chief Justice MORRISS.

This classic she-said-he-said case—alleging that Jesse Ray Duke committed indecency with a child, S.S., by sexual contact—is complicated by a multi-year child-custody dispute between S.S.'s parents and varying statements and recantations by S.S. concerning the charged offense. From a guilty verdict and a sentence of sixty years' imprisonment, and after a post-judgment recantation by S.S. and a denial...

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