State v. Caswell
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After a jury trial, Defendant was convicted of sexual intercourse without consent and partner/family member assault. Defendant appealed, arguing (1) his due process rights were violated when a portion of the trial was not recorded during the State's case in chief and effective appellate review was now unavailable, and (2) the district court erred by admitting evidence of his prior assault on the victim. The Supreme Court affirmed, holding (1) because the record was of sufficient completeness to afford effective appellate review, Defendant's right to due process was not compromised by the failure to record a portion of the State's case in chief; and (2) the district court did not abuse its discretion in determining that this was an appropriate case for introduction of evidence of a previous assault on the issue of consent and that the relevance of the evidence was not outweighed by unfair prejudice.
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