Amicus due February 16, 2010 - Argument: April 5, 2010

Keywords: Criminal Procedure - First Complaint - Hearsay - Probation - Sex Offenders

Question Presented: Whether the judge in a probation revocation hearing properly relied on a videotape of a four-year-old girl in revoking the defendant’s probation, even though she later recanted her testimony.

Facts: The defendant’s probation was revoked after his four-year-old granddaughter reported that he had touched her sexually. The Commonwealth submitted hearsay evidence of the child’s report, including most significantly …

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Amicus due February 16, 2010 - Argument: March 2, 2010

Keywords: Constitutional Law - Criminal Procedure - Evidence - First Complaint

Question Presented: Whether a report by a Sexual Assault Nurse Examiner (SANE) is admissible in a rape trial, either as a medical record or a prior consistent statement.

Facts: A jury convicted the defendant of crimes included aggravated rape after the victim testified that he attacked her, digitally raped her, picked up her purse, and then ran away when …

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