(DOWNLOAD) "State V. Harris" by Washington Court of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: State V. Harris
- Author : Washington Court of Appeals
- Release Date : January 18, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
One accused of a crime has the right to present all admissible evidence in his/her defense. Generally evidence is admissible if it is relevant. And evidence is relevant if it has "any tendency to make the existence of any fact . . . of consequence . . . more . . . or less probable{.}" ER 401; State v. Clark, 78 Wn. App. 471, 477, 898 P.2d 854 (1995). In this third degree rape prosecution, Thomas Harris tried to introduce evidence that the fetus being carried by the obviously pregnant prosecuting witness was not his. The court refused the offer, concluding that it would violate the rape shield statute and the pregnancy was not unduly prejudicial. The question here is whether the trial Judge abused his discretion by refusing to allow evidence of Mr. Harris's non-paternity and, further, whether any error would be harmless. We conclude that the trial Judge did not abuse his discretion by refusing to admit evidence of non-paternity, and affirm.
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