Government of the Virgin Islands v. Jacobs

MEMORANDUM OPINION AND ORDER

This case presents a novel question under recently-enacted Fed. R. Ev. 412: does the confrontation clause extend to a rape defendant the right to impeach the prosecuting witness with instances of past sexual conduct despite Rule 412’s general ban on such evidence? We hold that the accused has a right to cross-examination where the Government first opens the door on this otherwise inadmissible subject matter. We hold further that the failure of the defense lawyer to conduct cross-examination in this case does not constitute ineffective assistance of counsel.

I. FACTS

O…