Evidence-Wellborn SU2006 Outline

Evidence-Wellborn SU2006 Outline

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Unformatted text preview: o had blood stains on her panties. Stepmother took her to the sex abuse treatment center where the doctor found a recent tear in the complainant's hymen. Procedural Posture: D filed a Hawaii Rules of Evidence Rule 412 "Motion to Allow Evidence of Alleged Victim's Sexual Behavior" o o Stated that he had learned that complaining witness may be involved in a relationship with a 40 year old man and that this information, if true, bears directly on whether she suffers from a disease, disorder or defect which renders her incapable of appraising the nature of her conduct. Family court denied the motion. Issue: During defense counsel's cross-examination of complaining witness, the counsel asked if she had been taking birth control and for how long. Evidence was stricken. Complaining Witness's half-sister testified that complaining witness had admitted that she wanted to have sex with D on the night in question. D was found guilty as charged and appeals. Is Hawaii's per se exclusion of evidence of the charac...
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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 at Austin.

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