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eBook details

• Title: Ex Parte D.L.H
• Author : Alabama Supreme Court
• Release Date : January 08, 2001
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

D.L.H. was convicted of one count of first-degree rape by forcible compulsion of B.N.G., two counts of first-degree statutory rape of B.N.G., and one count of first-degree sexual abuse of T.J.G. He was sentenced to three concurrent terms of life imprisonment for his first- degree rape convictions and to 10 years' imprisonment for his first- degree sexual abuse conviction, with the last sentence to run consecutively with his life imprisonment sentences. Upon D.L.H.'s appeal, the Court of Criminal Appeals affirmed his convictions and sentences in an unpublished memorandum. D.L.H. v. State, [Ms. CR-99- 0109, January 28, 2000] So. 2d (Ala. Crim. App. 2000) (table). Thereafter, D.L.H. petitioned this Court for certiorari review, which we granted to examine whether the trial court erred to reversal in applying the ""rape-shield law,"" Rule 412, Ala. R. Evid., to preclude the defendant D.L.H. from introducing certain proffered testimony to rebut certain testimony of the rape victim B.N.G. We affirm, because the proffer was insufficient. B.N.G., who was 14 years old at the time of the trial, testified that D.L.H. had accomplished each rape by ""[s]ticking his penis up my vagina."" (R. 74.) She testified further that, after he did so, ""[w]hite stuff ... came off his penis."" (R. 77.) Thereafter, the prosecutor asked the following question:

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