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10th Cir 1st Cir 2d Cir 5th Cir accused admissible admitted Advisory Committee's Note apply attorney attorney-client privilege cert character evidence character witness civil claim client common law communications conduct confidential conviction Corp counsel credibility crime criminal cross-examination D.C. Cir declarant defendant defendant's dence denied determine disclosure discretion error establish event exception exclude exclusionary expert extrinsic act federal courts Federal Rules habit evidence hearsay impeachment inadmissible issue judicial notice juror jury L.Ed limiting instruction litigation LOUISELL & MUELLER matter McCoRMicK ment offered opinion out-of-court statement party past sexual behavior physician-patient privilege plaintiff prejudice presumption prior inconsistent statement privilege law probative value Procedure proof prosecution protection prove provides purpose question rape reads as follows recollection record Rules of Evidence S.Ct sentence of Rule specific spouse subsequent remedial subsequent remedial measure Supp testify tion trial court trial judge trier of fact United verdict victim WEINSTEIN WICMORE
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