Evidence of Commission of Other Sexual Assault Offense - Admissibility - Disclosures by Prosecutor - Tulsa Trial Attorneys

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Client Reviews From Evidence of Commission of Other Sexual Assault Offense - Admissibility - Disclosures by Prosecutor Cases

"EVERYONE TOLD ME TO TAKE THE DEAL.  THE DA'S ONLY OFFER WAS 10 YEARS.  BRIAN AND CIERA WERE THE ONLY ONES WHO FOUGHT FOR ME.  WE WENT TO TRIAL AND THE JURY FOUND ME NOT GUILTY.  THANK GOD I FOUND THEM."

"THANK YOU FOR BELIEVING IN ME AND FIGHTING FOR ME WHEN EVEN MY FAMILY GAVE UP." L.H.

Evidence of Commission of Other Sexual Assault Offense - Admissibility - Disclosures by Prosecutor

A. In a criminal case in which the defendant is accused of an offense of sexual assault, evidence of the defendant's commission of another offense or offenses of sexual assault is admissible, and may be considered for its bearing on any matter to which it is relevant.

B. In a case in which the state intends to offer evidence under this rule, the attorney for the state shall disclose the evidence to the defendant, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered, at least fifteen (15) days before the scheduled date of trial or at such later time as the court may allow for good cause.

C. This rule shall not be construed to limit the admission or consideration of evidence under any other rule.

D. For purposes of this rule, "offense of sexual assault" means a crime under federal law or the laws of this state that involve:

1. Any conduct proscribed by Sections 1111 through 1125 of Title 21 of the Oklahoma Statutes;

2. Contact, without consent, between any part of the defendant's body or an object and the genitals or anus of another person;

3. Contact, without consent, between the genitals or anus of the defendant and any part of another person's body;

4. Deriving sexual pleasure or gratification from the infliction of death, bodily injury, emotional distress, or physical pain on another person; or

5. An attempt or conspiracy to engage in conduct described in paragraphs 1 through 4 of this subsection. 12 O.S. 2413

General Provisions

Judicial Notice

Presumptions

Relevance

Privilege

Witnesses

  • General Rule of Competency

  • Lack of Personal Knowledge

  • Oath or Affirmation

  • Interpreters

  • Competency of Judge as Witness

  • Competency of Juror as Witness

  • Who May Impeach

  • Evidence of Character and Conduct of Witness

  • Impeachment by Evidence of Conviction of Crime

  • Religious Beliefs or Opinions

  • Mode and Order of Interrogation and Presentation

  • Repealed

  • Unusual Court Procedures to Protect Rights of Incapacitated Persons - Criminal Defendant - Judicial Integrity

Uniform Child Witness Testimony by Alternative Methods Act

  • Short Title

  • Definitions

  • Applicability in Criminal and Noncriminal Proceedings

  • Hearing - When Ordered, How Conducted, Rules of Evidence

  • When Child Witness May Testify by Alternate Means - Findings, Factors, Evidentiary Standards

  • Factors Affecting Selection of Alternate Method of Testifying

  • Orders

  • Opportunity for Cross Examination

  • Construction of Act

  • Use of a Certified Therapeutic Dog

  • Writing Used to Refresh Memory

  • Prior Statements of Witnesses

  • Calling and Interrogation of Witnesses by Court

  • Exclusion of Witnesses

Expert and Opinion Testimony

  • Opinion Testimony by Lay Witnesses

  • Testimony by Experts

  • Bases of Opinion Testimony by Experts

  • Opinion on Ultimate Issue

  • Disclosure of Facts or Data Underlying Expert Opinion

Hearsay

  • Definitions

  • Hearsay Rule

  • Hearsay Exceptions - Availability of Declarant Immaterial

  • Statements by Certain Children Regarding Physical or Sexual Abuse - Admissibility

  • Renumbered as 12 O.S. § 2611.2 by Laws 1999, SB 481, c. 108, § 1, eff. November 1, 1999

  • Hearsay Exception - Declarant Unavailable

  • Hearsay Exception - Exceptional Circumstances

  • Hearsay Within Hearsay

  • Attacking and Supporting Credibility of Declarant

Authentication and Identification

  • Requirement of Authentication or Identification

  • Self-Authentication

  • Subscribing Witness's Testimony Unnecessary

Contents of Writings, Recordings and Photographs

  • Definitions

  • Requirement of Original

  • Admissibility of Duplicates

  • Admissibility of Other Evidence of Contents

  • Public Records

  • Summaries

  • Testimony or Written Admission of Party

  • Functions of Judge and Jury

  • Medical Bills - Identification

  • Admissibility of Medical Expenses

  • Repealed

  • Admissibility of Evidence of Assemblage in Exercise of Free Speech or Display of Religious Beliefs

Evidence of Commission of Other Sexual Assault Offense - Admissibility - Disclosures by Prosecutor Litigation Expertise

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