Legal Opinion

People v. Jovanovic

Appellate Division of the Supreme Court of the State of New York

Decided December 21, 1999PublishedCited by 26 opinions

1Opinion of the Court

OPINION OF THE COURT

Saxe, J.

On this appeal of his conviction for kidnapping, sexual abuse and assault, defendant Oliver Jovanovic asks us to examine certain issues regarding the application of the Rape Shield Law (CPL 60.42). We conclude that the trial court’s evidentiary rulings incorrectly applied the Rape Shield Law and, as a result, improperly hampered defendant’s ability to present a defense, requiring reversal of his conviction and remand for a new trial.

The criminal charges arose from a date between Jovanovic and the complainant which took place after weeks of on-line conversations and…

2Cases cited22 opinions

  1. Delaware v. Van ArsdallSupreme Court of the United States · 1986
  2. Davis v. AlaskaSupreme Court of the United States · 1974
  3. United States v. NoblesSupreme Court of the United States · 1975
  4. Taylor v. IllinoisSupreme Court of the United States · 1988
  5. Kentucky v. StincerSupreme Court of the United States · 1987

17 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Jovanovic v. City of New YorkCourt of Appeals for the Second Circuit · 2012
  2. People v. ScottNew York Court of Appeals · 2011
  3. State v. VanNebraska Supreme Court · 2004
  4. People v. SimonettaAppellate Division of the Supreme Court of the State of New York · 2012
  5. People v. WeinbergAppellate Division of the Supreme Court of the State of New York · 2010

21 more not listed; retrieve them via the Exa API.

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