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The court concluded that these statements were hearsay, did not meet an exception, but were harmless error to have allowed.
This field is for validation purposes and should be left unchanged. At trial, the court admitted several hearsay statements.
Heng Lac Liu, a Nashville acupuncturist, will be getting a new trial. Such statements are thought to be unreliable and are therefore generally excluded from evidence at trial.
Digital Marketing By:. Call Us Today! If you are facing criminal charges at trial or on appeal, contact attorney McNally today to schedule a consultation to discuss your case. To see opinion : State of Tennessee vs. Heng Lac Liu. Ready to Hear Your Story!
I Have Read The Disclaimer. First, there was testimony of another acupuncturist who the alleged victim sought treatment from following treatment from the defendant. Criminal charges are a direct threat to your personal freedom and future opportunities.
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The acupuncturist testified that the alleged victim told him she had been sexually abused by the defendant. I am proud to offer free initial case evaluations, and you can schedule yours by reaching out to my law office or calling or toll free at All Rights Reserved. Phone: Toll Free: Facing Criminal Charges? Nashville man accused of four counts of sexual battery gets a new trial after the Tennessee Court Criminal of Appeals found that cumulative effect of evidentiary errors warranted new trial.
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The state argued that the rule making prior sexual acts inadmissible was operative. There is much at stake, but you have the right to confront these charges with a strong defense.
Schedule Your Free Case Evaluation. Man accused of sexual battery gets new trials Nashville man accused of four counts of sexual battery gets a new trial after the Tennessee Court Criminal of Appeals found that cumulative effect of evidentiary errors warranted new trial. On appeal, Dr. Statements made out-of-court and offered in-court for the truth of the matter asserted are called hearsay.
Because the testimony was allowed for the purpose of showing that the alleged victim had told others that she was sexually assaulted, the court should have instructed the jury that the evidence could not be used to determine whether the assault had actually occurred. However, the appeals court said that some of the evidence in the report was not barred by that rule and the trial court should, on remand, make findings with respect to those parts of the report.
However, sometimes hearsay statements are allowed if they meet an exception to the general rule of exclusion. Next, there was testimony from a friend of the alleged victim and from a police officer who interviewed the alleged victim.
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The appeals court held that these statements were hearsay but that they met an exception to the hearsay rule. Contact the Firm. By not properly instructing the jury, the court held that the defendant was entitled to a new trial.