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HURST v. STATE

No. 124, September Term, 2006.

929 A.2d 157 (2007)

400 Md. 397

Richard David HURST v. STATE of Maryland.

Court of Appeals of Maryland.

July 31, 2007.

Attorney(s) appearing for the Case

Claudia A. Cortese, Asst. Public Defender (Nancy S. Forster, Public Defender, Stacy W. McCormack, Asst. Public Defender, on brief), for petitioner.

Cathleen C. Brockmeyer, Asst. Atty. Gen. (Douglas F. Gansler, Atty. Gen., on brief), for respondent.

Argued before BELL, C.J., RAKER CATHELL, HARRELL, BATTAGLIA, GREENE and WILNER, ALAN M. (Retired, specially assigned), JJ.

RAKER, J.

The issue presented in this case is whether the Circuit Court for Frederick County erred in admitting testimony that a rape victim, unconnected to the case before the court, did not consent to sexual intercourse with petitioner for the purpose of rebutting petitioner's contention that the current complainant consented to sexual intercourse. We shall hold that the Circuit Court erred and that the testimony should...

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