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DOE v. UNITED STATES

Nos. 81-1995, 81-5209.

666 F.2d 43 (1981)

F. DOE, Appellant, v. UNITED STATES of America, W. Farley Powers, Jr., in his official capacity as Clerk of the United States District Court for the Eastern District of Virginia, Appellees. UNITED STATES of America, Appellee, v. Donald Robert BLACK, Appellee. F. Doe, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 3, 1981.

Attorney(s) appearing for the Case

Lewis F. Powell, III, Richmond, Va. (Hunton & Williams, Richmond, Va., on brief), for appellant.

Vincent D. Hardy, Petersburg, Va., N. George Metcalf and Robert Jaspen, Asst. U. S. Attys., Richmond, Va., for appellees.

Before BUTZNER, RUSSELL, and HALL, Circuit Judges.

BUTZNER, Circuit Judge:

These appeals concern the district court's evidentiary ruling in a pre-trial proceeding held pursuant to rule 412 of the Federal Rules of Evidence.1 The court held that evidence concerning the past sexual behavior and habits of the prosecutrix was admissible in the rape trial of Donald Robert Black. We conclude that we have jurisdiction to hear her appeal, and we affirm in part and reverse in part the order of the...

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