United States v. Cardinal

782 F.2d 34, cert. denied. 476 U.S. 1161 (6th Cir. 1986)

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Nature of the Case

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Facts

D was a 48-year-old uncle by marriage to Tammy Empen a thirteen-year-old complainant. Tammy claims that on a visit to her mother D forced her onto a bed and raped her. A Dr. that examined Tammy found evidence of seminal fluid but could not testify to a time the intercourse occurred. D claimed he did not do it. D wanted to admit into evidence that Tammy had made sexual charges against her stepfather but had subsequently withdrew them. The trial court refused to admit them under Rule 412. D contends that the evidence is related to credibility and under Rule 607 and 608(a) should be admitted. D was convicted and appealed.