Fourth, the trial court admitted into evidence that Lara had committed theft by shoplifting and, thus, even after precluding the proffered cross-examination, had not eliminated all evidence affecting Lara's reliability or credibility. As noted above, Fowler concedes that he applied the lotion and that he later engaged Lara in a sexually explicit conversation. The auditors said an informal process should be used only if both accusers and respondents agree. We therefore reverse and remand with instructions that the district court issue a conditional writ of habeas corpus directing that the State vacate Fowler's conviction unless, within 90 days or as extended by the district court as reasonably necessary, the State begins anew trial proceedings against Fowler. Sacramento political consultant Doug Elmets, who has not worked for or against Johnson, said it would be surprising if the mayor didn't eventually run for another office.
Only if Lara testified inconsistently with either her interview or the police report would Fowler have been forced to resort to extrinsic evidence in the form of the MDIC interview, police report or other witnesses. We apply each factor in turn. The Supreme Court held that the precluded cross-examination came within the ambit of the Sixth Amendment. On September 5, , Fowler agreed to drive Lara from her mother's apartment to her friend's house. A sexual battery takes place when, for the purpose of sexual arousal, sexual gratification, or sexual abuse, the defendant 1 touches an intimate part of the alleged victim while the alleged victim is a unlawfully restrained and the touching is against the will of the alleged victim, b institutionalized for medical treatment and seriously disabled or medically incapacitated and the touching is against the will of the alleged victim, or c unconscious of the nature of the act because the defendant fraudulently represented that the touching served a professional purpose, or 2 causes the alleged victim to masturbate or touch an intimate part of the defendant or another while the alleged victim is a unlawfully restrained and the touching is against the will of the alleged victim, or b institutionalized for medical treatment and seriously disabled or medically incapacitated and the touching is against the will of the alleged victim. Johnson has denied the claim, and the Phoenix Police Department investigated but did not file charges. On the witness stand, she testified that she never would have consented to being filmed. The auditors said an informal process should be used only if both accusers and respondents agree. He made six claims, including that in limiting his cross-examination of Lara, the trial court violated his Sixth Amendment right to cross-examine adverse witnesses. I respect my face. Both incidents involved alleged molestation by Kenniston's boyfriend; Lara accused both men of repeatedly grabbing or bumping her groin through her clothing; both men admitted physical contact occurred but not to the groin; both men gave an innocent explanation for what took place. The Hornets, the defending WAC tournament champions, enter this game once again playing strong baseball. The recording appeared to be captured from a low angle several feet from the foot of the bed. Fowler represented to the trial court that he had under subpoena Hendrix, the detective that investigated the Hendrix incident, and the custodian of records from the Bakersfield Police Department. We too have held that precluding cross-examination in certain circumstances was unreasonable, arbitrary or disproportionate. August 31, Before: Senior Matt Ladrech, junior Aaron Shortridge and sophomore Jared Horn have formed a formidable staff that has given opponents fits at the plate. Lara put on the dress and then excused herself to the bathroom, where Fowler followed and told her that she needed some lotion and that he would apply it. The claim also arose during his initial mayoral campaign in At trial, Lara testified that before Fowler drove her to her friend's house, he suggested that she change clothes and then entered the walk-in closet while she was wearing only a bra and underpants to offer her a particular dress. For the Cal baseball team, this has been the recent recipe for success as the squad has won four consecutive series against conference foes. Nor, finally, was the Hendrix incident so dissimilar from the allegations against Fowler that Lara's arguable lack of reliability or credibility in reporting that incident was irrelevant as to her allegations here. Title IX of the Education Amendments of , which prohibits sex discrimination by universities that receive federal funding, requires that schools act to prevent harassment and resolve misconduct complaints fairly and promptly. It does not follow, of course, that the Confrontation Clause of the Sixth Amendment prevents a trial judge from imposing any limits on defense counsel's inquiry into the [reliability or credibility] of a prosecution witness. Such minimal-if any-embarrassment cannot serve as the basis to preclude relevant cross-examination. Thus, cross-examination may implicate the Sixth Amendment without implying conscious or malicious fabrication on the part of the witness so long as it otherwise bears on the witness's reliability or credibility. Johnson was re-elected in
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