Summary
In Allen, a case in which this Court denied the defendant's writ application, the defendant sought to introduce evidence that the victim, his fourteen-year old niece, had accused others of molesting her. He requested an in camera hearing on the victims past sexual behavior because she had made charges of molestation against her grandfather and she herself had been accused of molesting younger males.
Summary of this case from State v. SmithOpinion
No. 97-KK-1058
April 30, 1997
lN RE: Allen, Joseph; — Defendant(s); Applying for Supervisory and/or Remedial Writs; Parish of St. Tammany 22nd Judicial District Court Div. "D" Number 259718; to the Court of Appeal, First Circuit, Number KW97 0631
Granted in part, otherwise denied. The ruling of the trial court is vacated in part. The case is remanded to the trial court for a pre-trial evidentiary hearing on the issue of prior false allegations made by the victim. In the event the court determines there are prior false allegations of sexual molestation by the victim, the defendant shall be allowed to cross examine the victim and to present evidence regarding same at trial. See State v. Cappo, 345 So.2d 443, 445 (La. 1977).
JPV
PFC
WFM
HTL
CDK
BJJ
CDT
KNOLL, J. not on panel.