[DOWNLOAD] "People V. Murphy" by Colorado Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: People V. Murphy
- Author : Colorado Supreme Court
- Release Date : January 10, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
We granted certiorari to review the court of appeals' decision in People v. Murphy, 899 P.2d 294 (Colo. App. 1994), in which the court of appeals reversed the respondent's conviction. The court of appeals held that although evidence of a rape victim's homosexual orientation is barred by section 18-3-407, 8B C.R.S. (1986 & 1995 Supp.) ("the Rape Shield Statute"), the trial court erred in refusing to allow the defense to introduce evidence of the victim's sexual orientation because the prosecution had opened the door to such evidence. The court of appeals also held that on remand, the defense would be entitled to introduce expert testimony about the behavior of homosexual men with sexual identity conflict if the prosecution opens the door to such evidence. We affirm in part and reverse in part, and remand with directions.