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· 12/28/1989

State v. Calbero

Citations

  • 785 P.2d 157
  • 71 Haw. 115
  • 1989 Haw. LEXIS 68

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “HRE [Rule] 412 cannot override the constitutional rights of the accused”
  • holding that \HRE [Rule] 412 cannot override the constitutional rights of the accused\
  • noting that an evidence rule \cannot override the constitutional rights of the accused\
  • “[Hawai'i Rules of Evidence (HRE) ] 412 cannot override the constitutional rights of the accused.”
  • “Whether or not the complaining witness had had past sexual experience was relevant only to the extent the State, by eliciting [the complaining witness’] answer ... had injected her past experience into the trial.”
  • defendant’s constitutional right to confrontation dictates that he be allowed to cross-examine complainant regarding her statements to him about her past sexual conduct, in order to bolster his defense of consent

Source: CourtListener parenthetical corpus (CC0).

Judges: Lum, Nakamura, Padgett, Wakatsuki, Intermediate, Burns, Place, Hayashi

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.