· 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 CourtListenerSourced 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.