Evidence-Wellborn SU2006 Outline

Constitutionally required wellborn says this is

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Unformatted text preview: are (not an exclusive list) Evidence offered to prove that a person other than the accused was the source of semen, injury, or physical evidence. (i.e. she had sex with another man of the same blood type on the same day). Evidence of specific instances of sexual behavior by the alleged victim with respect to the person accused to prove consent. o Evidence that they had sex numerous times the day before the rape occurred Admissible... o Concerning sex with other guys inadmissible, but with this guy not showing her character but rather showing their relationship. Constitutionally required Wellborn says this is embarrassing. Basically saying the rape-shield law may be unconstitutional in certain cases, in so far as it is unconstitutional it doesn't apply (UM DUH). Texas adds a few exceptions: Motive or bias Commonwealth v. Black, dad accused of incest wants to show that the daughter has a motive to fabricate... (wants mother's attention) Admissible under Rule 609 (about impeaching a witness with cert...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas.

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