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Jul 19, 2008 11:01 am US/Pacific

Appeals Court Overturns Bakersfield Rape Verdict

BAKERSFIELD (AP) ― A state appeals court has overturned the conviction and sentence of a Bakersfield man accused of raping his 10-year-old daughter.

Willie Herron Jr., 34, was convicted of assaulting his daughter during a custody visit in 2006 and was sentenced to 55 years to life in prison.

But the appellate court on Thursday said the judge in last year's case undermined Herron's chance of getting a fair jury by asking prospective jurors if they would ask Herron over for dinner -- knowing he was accused of child rape.

The appellate panel also said the judge may have intimidated prospective jurors by lecturing a man over an answer he gave to a pretrial question.

(© 2008 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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