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University of Missouri School of Law

Journal

2005

Evidence

Articles 1 - 2 of 2

Full-Text Articles in Law

Girl Who Cried Wolf: Missouri's New Approach To Evidence Of Prior False Allegations, The, Jennifer Koboldt Bukowsky Jun 2005

Girl Who Cried Wolf: Missouri's New Approach To Evidence Of Prior False Allegations, The, Jennifer Koboldt Bukowsky

Missouri Law Review

After a trial by jury, Jeffrey D. Long was convicted of forcibly raping and sodomizing Debbie Flower. The Missouri Supreme Court reversed the conviction because the exclusion of evidence that Flower had falsely accused another person of making threats and assaulting her deprived Long of a full opportunity to present his defense. Previously, Missouri's rules of evidence dictated that, although a witness could be cross-examined about having made false allegations against persons other than the defendant, extrinsic evidence of such conduct was not admissible. The Missouri Supreme Court changed that rule by a 4-3 decision in State v. Long. Now, …


Examining The Repercussions Of Crawford: The Uncertain Future Of Hearsay Evidence In Missouri, Jon W. Jordan Apr 2005

Examining The Repercussions Of Crawford: The Uncertain Future Of Hearsay Evidence In Missouri, Jon W. Jordan

Missouri Law Review

While making a course correction in Confrontation Clause jurisprudence, the United States Supreme Court leaves much uncertainty in its wake. Some hearsay evidence previously admissible under a "firmly rooted hearsay exception" or because it possessed "particularized guarantees of trustworthiness" will no longer be allowed under the Court's new standard. However, the Court's failure to define its key terms leaves practitioners in desparate need of further clarification. This Note is intended to assist Missouri practitioners in understanding the Supreme court's new Confrontation Clause standard as stated in Crawford v. Washington and provide practical guidance for its application. The Note identifies Missouri's …