Evidence-Wellborn SU2006 Outline

Rules of evidence should apply period not just

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Unformatted text preview: ain prior criminal convictions) o If the complainant has a prior sex offense conviction that is otherwise admissible under 609, than 609 governs rather than 412 seems pretty unlikely that this would occur (prostitution is not going to cut it under 609) Kobe Bryant case (Colorado criminal proceedings) In preliminary hearings Rules of evidence don't apply, except privileges, in rape cases? Rule 412 rape shield doesn't apply!!! Can bring in evidence that she was promiscuous!! Great loophole! What they ought to do is close this loophole for preliminary hearings...rules of evidence should apply, period! (Not just privileges!!) IN THE INTEREST OF JOHN DOE [[Evidence Concerning the Victim in a Criminal Case: Rape & Sexual Assault FRE 412] Facts: Complaining witness was a slow 19 year old female. One day she was at the home of a neighbor and her and the defendant walked out of the neighbor's house. Defendant and complaining witness re-entered the house about 15 to 30 minutes later and D stated that he had to go home. Complaining witness appeared normal at the time and was not acting differently from earlier that evening. When complaining witness went home though, her stepmother testified she was sitting up on the end of her bed shaking and crying. She als...
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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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