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GOVERNMENT OF VIRGIN ISLANDS v. JACOBS

Crim. No. 1984/66.

634 F.Supp. 933 (1986)

GOVERNMENT OF the VIRGIN ISLANDS, Plaintiff, v. Juan JACOBS, Jr., Defendant.

District Court, Virgin Islands, D. St. Croix.

May 15, 1986.

Attorney(s) appearing for the Case

Andrew J. Reich, Asst. U.S. Atty., Christiansted, St. Croix, V.I., for plaintiff.

Michael A. Joseph, Christiansted, St. Croix, V.I., for defendant.

MEMORANDUM OPINION AND ORDER

DAVID V. O'BRIEN, District Judge.

This case presents a novel question under recently-enacted F.R.E. 412: does the confrontation clause extend to a rape defendant the right to impeach the prosecuting witness with instances of past sexual conduct despite Rule 412's general ban on such evidence? We hold that the accused has a right to cross-examination where the Government first opens the door on this otherwise inadmissible subject...

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