Posted On: June 17, 2009
CALIFORNIA CRIMINAL DEFENSE: IMPROPERLY BARRING THE DEFENSE FROM IMPEACHING THE VICTIM WARRANTS REVERSAL
The defendant was convicted of molesting an 11-year old girl. The defense sought to impeach the victim with evidence that she had advanced knowledge of sexual activities, and told others how sexually attractive she was (she said that a neighborhood boy wanted to "hump her brains
out").
The California trial court excluded this evidence. The 9th circuit grants habeas relief, finding that this violated the defendant's 6th Amendment right of confrontation. The court points out that this evidence was clearly relevant to impeach the victim's credibility.
Holley v. Yarborough; 2009 DJ DAR 8638; DJ, 6/17/09; 9th Cir. Fed C/A
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