Sport: Appeals court overturns rape conviction for 2nd time ex-Baylor player Ukwuachu - PressFrom - US
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SportAppeals court overturns rape conviction for 2nd time ex-Baylor player Ukwuachu

01:55  12 july  2019
01:55  12 july  2019 Source:   sports.yahoo.com

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Appeals court upholds ex - Baylor DE Sam Ukwuachu 's rape conviction . Ukwuachu was convicted in 2015 of sexually assaulting a female soccer player at Baylor in 2013. Ukwuachu ’s trial was completed nearly two years after the incident because of a delay in investigating the case.

An appeals court has overturned the conviction of a former Baylor football player whose sexual assault case added to a scandal that The Texas 10th Court of Appeals said in a ruling Wednesday that text messages should not have been excluded from the testimony in Sam Ukwuachu 's 2015 trial.

Appeals court overturns rape conviction for 2nd time ex-Baylor player Ukwuachu© Provided by Oath Inc. Sam Ukwuachu transferred to Baylor from Boise State. (Via AP)

The legal saga involving Sam Ukwuachu’s rape conviction continued on Thursday.

The Waco, Texas, 10th Court of Appeals overturned the former Baylor transfer’s conviction, 13 months after the conviction had been upheld. The reversal will be appealed by the McLennan District Attorney’s office, paving the way for the continuation of the court fight after a new trial was ordered by the 10th Court on Thursday.

From the Waco Tribune:

"Because we find that Ukwuachu's due process rights were violated by the use of false testimony, we reverse the judgment of the trial court and remand for a new trial," the eight-page ruling written by Chief Justice Tom Gray states.

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A Texas appeals court ruled late Wednesday to overturn the sexual assault conviction of former Baylor football player Sam Ukwuachu and grant him a new trial. A three-judge panel determined that the trial court should have allowed into evidence a series of text messages between the accuser -- a

DALLAS—An appeals court overturned the conviction of a former Baylor football player whose The Texas 10th Court of Appeals said in a ruling Wednesday that text messages between the accuser and friend should not have been excluded from the testimony in Sam Ukwuachu 's 2015 trial

McLennan County Executive Assistant District Attorney Tom Needham said the DA's office thinks the 10th Court ruling is "both legally and factually incorrect" and that it will appeal the ruling to the Texas Court of Criminal Appeals.

Ukwuachu had been convicted of raping a Baylor soccer player in 2013.

Conviction upheld in June of 2018

The Texas court of criminal appeals upheld Ukwuachu’s conviction a year ago after a lower appeals court ruled that the conviction should be overturned and a new trial held because evidence was excluded.

Ukwuachu’s attorneys have argued that texts between his victim and friends were improperly excluded and the criminal court of appeals panel unanimously said in 2018 that there was no grounds to overturn the conviction on that basis.

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A Texas court of appeals granted overturned the sexual assault conviction of former Baylor football player Sam Ukwuachu due to the exclusion of text messages at trial.

The appeals court overturned Ukwuachu ’s conviction because text messages between the victim and a friend of hers on the night of the alleged assault Ex - Baylor player Tre’Von Armstead indicted on three sexual assault counts. Ukwuachu ’s case garnered significant media attention because it was

But that court sent the case back to the 10th Court regarding other issues. In its opinion on Thursday, the 10th Court noted issues with phone records from Ukwuachu’s roommate.

“We find that the State’s repeated references to what the cell phone records showed, including the location and time of calls made, without their admission into evidence created a false impression with the jury. Testimony was elicited from both Ukwuachu’s roommate and Ukwuachu’s roommate’s friend while referencing records that were not in evidence and in a manner that indicated that the records definitively showed Ukwuachu’s roommate’s location at certain critical times when they did not.”

Ukwuachu never played a game for Baylor

Ukwuachu sat out the 2013 season because of NCAA transfer rules after transferring from Boise State. He was indicted in 2014, around the same time a lengthy magazine feature detailed the way that Baylor had mishandled the allegation against Ukwuachu. Baylor had contended that it didn’t know anything about Ukwuachu’s past when he transferred to the school.

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Former Baylor football player Samuel Ukwuachu will return to being a convicted sex offender -- for now -- after the Texas Court of Criminal Appeals ruled Wednesday that a lower appeals court erred last year when it overturned Ukwuachu 's conviction based on certain text messages not allowed

The rape conviction of former Baylor defensive end Sam Ukwuachu has been overturned after an appeal . Ukwuachu ’s attorneys appealed the August 2015 If there are no further appeals , Ukwuachu could be set for a re-trial. Prosecutors can appeal this ruling to a higher appeals court .

Former coach Art Briles was fired in the spring of 2016 after an independent investigation into the way the school and football program handled accusations of sexual assault.

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Nick Bromberg is a writer for Yahoo Sports.

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