United States Court of Appeals for the Ninth Circuit
260 F.3d 1018 (9th Cir. 2001)
Fred LeMay (defendant) was charged with sexually molesting two of his minor nephews in 1997. The nephews testified at trial, but LeMay claimed that they were lying. The prosecution sought to introduce testimony, over LeMay’s objection, that LeMay had been convicted of raping two of his minor cousins in 1989. The circumstances surrounding LeMay’s prior rape conviction were very similar to the molestation charge, because the victims were LeMay’s relatives and the alleged act was forced oral copulation while LeMay was babysitting. LeMay argued that the admission of this evidence under Federal Rule of Evidence (FRE) 414 violated his due-process rights. The district court, after hearing all of the prosecution’s other evidence, determined that the testimony regarding the prior rape conviction was admissible under FRE 403 and 414. LeMay was convicted, and he appealed.
Rule of Law
Holding and Reasoning (Trott, J.)
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