What is the test for admissibility of evidence in a sexual assault case where no contemporaneous objection was made at the trial?
MultiRegion, United States of America
The following excerpt is from U.S. v. Reb'll, 878 F.2d 298 (9th Cir. 1989):
Normally we would not consider on appeal a ruling on the admissibility of evidence where no contemporaneous objection is made at the trial. The exception to the rule however is where plain error is shown. Plain error exists if the evidence was inadmissible and its admission affected the outcome and the defendant's right to a fair trial. United States v. Houser, 804 F.2d 565, 570 (9th Cir.1986).
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