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United States v. Hollow Horn

523 F.3d 882 (2008)

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United States v. Hollow Horn

United States Court of Appeals for the Eighth Circuit

523 F.3d 882 (2008)

Facts

Maurice Hollow Horn (defendant) made unwanted sexual contact with his 7-year-old niece while she was sleeping at his house. The niece kicked Hollow Horn during the contact, and he stopped. Hollow Horn then made unwanted sexual contact with a 10-year-old relative who was also sleeping over. This relative told Hollow Horn to stop, and he did. Hollow Horn was charged with two counts of abusive sexual conduct. At trial, the 10-year-old relative’s mother, Hollow Horn’s first cousin Laudine, testified that she had become intoxicated and passed out at a party more than 11 years before, when she was 20 years old. When Laudine woke up, Hollow Horn was having sex with her. Laudine told Hollow Horn to stop, and he did. At the time, Laudine pursued rape charges, but she eventually dropped them due to family pressure. The jury convicted Hollow Horn on both counts of abusive sexual conduct. Hollow Horn appealed, arguing that Laudine’s testimony about the alleged rape 11 years before should have been excluded.

Rule of Law

Issue

Holding and Reasoning (Smith, J.)

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