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abuse accused acts admissible admitted Advisory Committee alleged argues asked assault assertion attorney attorney-client privilege Bendectin best evidence rule business records exception character evidence charged Circuit claim client committed common law communications concluded conduct confession confidential Confrontation Clause counsel Court of Appeals credibility crime criminal defendants cross-examination Daubert declarant defendant's disclosure dissenting district court documents evidence law evidence rules evidentiary excluded expert testimony fact Federal Rules Fifth Amendment grand jury guilt hearsay exception hearsay rule Heparin impeach inadmissible inference issue jurors jury's Justice lawyer litigation ment murder offense opinion out-of-court statements party permitted person petitioner plaintiff police polygraph present prior conviction probability probative value Problem proof propensity prosecution prosecutor protection purpose question rape reason record relevant reliability robbery Rules of Evidence S.Ct scientific sexual subpoena subsequent remedial measure Supreme Court testify tion trial court trial judge unfair prejudice United verdict victim Wigmore witness witness's