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State v. McKoy and Opening the Door

Suppose the defendant is on trial for murder.  He argues he shot the victim in self-defense.

The State elicits testimony from the victim’s father that the victim, who lived at home with his parents, was “always a happy guy.” The father states that he does not allow guns in his home and that, to his knowledge, the victim did not have a gun with him on the day he was shot or have a gun at any other time.

Counsel for the defendant then asks the father:  After your son died, did you see pictures on his cell phone of him with his friends holding guns?

The State objects. The defendant argues that, while the evidence would otherwise be inadmissible, the State opened the door to its admission.

How should the trial court rule?

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Naming the Victim of a Sexual Assault

Suppose the State is prosecuting a defendant for the sexual assault of a young child. Though the child has been identified by name in the arrest warrant and investigative reports provided to the defendant, the State would prefer not to name the victim in the indictment. May it refer to the victim in that document as “Victim #1”?

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