State v. Pascual
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After a jury trial, Defendant Francisco Pascual was convicted of several charges relating to his alleged attempt to sexually assault a twelve-year-old girl from El Salvador after the victim illegally crossed the border from Mexico into the United States. Defendant appealed, claiming that the trial court improperly (1) admitted hearsay evidence that, several days before the charged events, the victim was told about a threat made by an unidentified third party, and (2) instructed the jury that the threat evidence was admitted to show that the victim reasonably feared Defendant in order to prove sexual assault and kidnapping charges. The Supreme Court affirmed, holding that, even if the trial court improperly admitted the evidence and gave improper instructions to the jury, Defendant was not entitled to a new trial because the purported improprieties were not harmful.
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