United States v. Azure

845 F.2d 1503 (1988)

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United States v. Azure

United States Court of Appeals for the Eighth Circuit
845 F.2d 1503 (1988)

RW

Facts

The United States (plaintiff) charged Anthony Damian Azure (defendant) with having oral sex with a 10-year old girl. Evidence showed Azure had sexually abused the girl for several years and the girl was healing from recent painful sexual injuries inflicted by force. Evidence also showed Azure was angry and drunk and beat the girl during the incident in question. Prior to trial, the judge denied Azure's Federal Rule of Evidence 412 motion to introduce evidence that the girl had an ongoing sexual relationship with a boy. The girl denied the relationship. The boy admitted he had nonviolent and consensual sex with the girl a few times over one and a half years. The jury convicted Azure. Azure appealed to the United States Court of Appeals for the Eighth Circuit, arguing that his proffered evidence should have been admitted for purposes including impeaching the girl's credibility.

Rule of Law

Issue

Holding and Reasoning (Larson, J.)

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