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LAPOINTE v. STATE

No. PD-1100-06.

225 S.W.3d 513 (2007)

James Thomas LAPOINTE, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

Rehearing Denied June 27, 2007.

Attorney(s) appearing for the Case

Gregory Sherwood, Austin, for Appellant.

Doug Arnold, Georgetown, Matthew Paul, State's Atty., Austin, for State.

OPINION

KELLER, P.J., delivered the unanimous opinion of the Court.

Does the rule requiring a "hearing" before determining whether to admit evidence of the alleged victim's past sexual history contemplate an adversarial proceeding? And if it does, and if the trial court fails to afford such a proceeding, may the appellate court order a retrospective hearing? We answer both of these questions "yes," and...

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