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ALLEWALT v. STATE

No. 381, September Term, 1984.

61 Md. App. 503 (1985)

487 A.2d 664

WILLIAM ALFRED ALLEWALT v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

February 7, 1985.

Attorney(s) appearing for the Case

Bradford G.Y. Carney, Baltimore (Valerie J. Lithotomos and Callahan, Calwell & Laudeman, Baltimore, on brief), for appellant.

Alan H. Murrell, Public Defender and George E. Burns, Jr., Asst. Public Defender, Baltimore, for amicus curiae.

Diane G. Goldsmith, Asst. Atty. Gen., Baltimore (Stephen H. Sachs, Atty. Gen., Baltimore, Sandra A. O'Connor, State's Atty. for Baltimore County and Jonathan Scott Smith, Asst. State's Atty., Towson, for Baltimore County, on brief), for appellee.

Argued before ADKINS and ROSALYN B. BELL, JJ., and JAMES C. MORTON, Jr., Associate Judge of the Court of Special Appeals (retired), Specially Assigned.

ROSALYN B. BELL, Judge.

This appeal presents the issue of whether evidence that a victim suffered from post-traumatic stress disorder is admissible to prove lack of consent in a rape case.

The victim testified that on June 24, 1983, she watched television in her bedroom from about 7:30 p.m. to 11:00 p.m., when she fell asleep. She shared the house with her two daughters,1 and her older daughter's boyfriend, William Alfred Allewalt...

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