Sixth Amendment Not Violated in Rape Case When Expert Introduces Hearsay That Supports Conviction

Benjamin Flourney allegedly raped L.M., in 2003 when she spent the night at his apartment.

L.M. first went to one hospital the next day and reported being raped by a stranger. The next day, she went to another hospital, where she claimed the same thing. At the second hospital, police took her clothes and she was given new clothes, including new underwear. L.M. did not did not consent to an internal examination, so the nurse did not perform an internal examination with a speculum.

A couple months later, L.M. went to police and claimed that Flourney raped her and not a stranger. She admitted that she had previously lied to both police and hospital staff.

Police then interviewed Flourney, who denied knowing L.M. and provided a DNA sample. Flourney was then charged with rape (Penal Code

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