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A Williamsburg man’s challenge of his conviction of sexual assault of a 6-year-old was dealt another blow by the Pennsylvania Superior Court last month.
Howard Scott Allison, 53, was sentenced to 12.5 to 25 years after being found guilty of rape of a person under 13 years of age, corruption of a minor and statutory sexual assault.
Allison first tried to challenge his conviction in 2015 when he appealed his case to the federal court in Johnstown on the grounds he did not receive a fair trial.
The district court rejected his claims and the decision was upheld by the 3rd U.S. Circuit Court of Appeals.
In his first appeal, Allison claimed prosecutors should not have allowed the testimony of two women who claimed Allison had sexually abused them when they were children.
Allison was never charged on those accusations.
Allison contended that by allowing the testimony of the two women, the jury was unable to fairly weigh the evidence.
The Superior Court rejected that argument, writing, “federal rules of evidence expressly allows such testimony in sex crimes.”
In his recent attempt to have his conviction overturned, Allison disputed a ruling made last year by Blair County President Judge Elizabeth Doyle, who rejected Allison’s request for a hearing.
Allison claimed he had newly discovered evidence to present.
Doyle dismissed another petition without a hearing, a ruling backed up by the Superior Court.
In addressing Allison’s appeal, the Superior Court said Doyle had no jurisdiction to address Allison’s appeal.
Allison was sentenced on Nov. 6, 2008, to 12.5 to 25 years in prison by then President Judge Thomas G. Peoples.
Court records show that in 1998, Allison, who at the time was living in Arizona, visited Williamsburg over Christmas that year, and while at a gathering, sexually assaulted the child.
It took 10 years for the crime to be reported when the victim revealed what had happened while undergoing counseling.
Allison is serving his sentence at the State Correctional Institute at Waymart, Wayne County.
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