United States Court of Appeals for the Tenth Circuit
135 F.3d 1326 (10th Cir. 1998)
David Guardia (defendant) was charged with sexual abuse against two women. The victims were patients of Guardia, a gynecologist. The victims alleged that during the course of gynecological examinations, Guardia engaged in conduct that exceeded the bounds of medically appropriate examination techniques. The prosecution made a motion in limine to introduce testimony by four other women who alleged that Guardia also sexually abused them during gynecological exams. The prosecution contended this evidence was admissible under Federal Rule of Evidence 413, which provides for the admission of evidence of other sexual assaults by the defendant in sexual assault cases. The district court found the evidence admissible under Rule 413, but excluded it as more prejudicial than probative under Rule 403. The prosecution appealed the ruling.
Rule of Law
Holding and Reasoning (Tacha, J.)
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