State ex rel. Harvey v. Honorable John C. Yoder

The Supreme Court granted in part and denied in part a petition for a writ of prohibition filed by the State seeking to have the court prohibit enforcement of an order of the circuit court that allowed Respondent to testify at his criminal trial about the sexual history of his adolescent victim, M.Y.Respondent was indicted on several counts of sexual assault and sexual abuse. Respondent filed two motions seeking to introduce evidence of M.Y.’s sexual history. The trial court granted the motions. The Supreme Court (1) prohibited enforcement of that part of the circuit court’s order allowing Respondent to introduce evidence that M.Y. accused another man of sexual assault when she was eleven years old, holding that the evidence Respondent sought to introduce is not relevant; but (2) denied the State’s request to prohibit enforcement of that part of the circuit court’s order permitting Respondent to cross-examine M.Y. about whether she told him she had sex with anyone else during the seventy-two hour period prior to his purchase of the Plan B pill, holding that the State sought to introduce inadmissible evidence and that Respondent should be permitted to rebut that evidence with inadmissible evidence as authorized by the circuit court. View "State ex rel. Harvey v. Honorable John C. Yoder" on Justia Law