Smith v. State

377 S.E.2d 158 (1989)

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Smith v. State

Supreme Court of Georgia
377 S.E.2d 158 (1989)

Sean Carroll headshot
  • Written by Sean Carroll, JD

Facts

Michael Smith (plaintiff) was charged with a number of crimes relating to sexual assault of a child. At trial, Smith sought to introduce the testimony of about ten men who stated that the victim had previously falsely accused them of sexual misconduct. The trial court excluded the testimony of these men based on the rape shield law. Smith was convicted. He appealed.

Rule of Law

Issue

Holding and Reasoning (Bell, J.)

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Casebooks

Evidence

Key Terms

  • Federal Rule of Evidence 608(b)Provides that on cross-examination, a party may inquire about, but not prove with extrinsic evidence, a witness’s specific instances of conduct that are probative of the witness’s character for truthfulness in order to impeach the witness.
  • Rape-Shield LawA law that restricts a defendant's ability to introduce evidence at trial of a rape victim's prior sexual conduct. Many jurisdictions have enacted these types of statutes.
  • Impeachment of a WitnessThe questioning or discrediting of a witness's veracity or reliability. Any party may impeach any witness, including a witness the party has called.

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