United States v. William White Buffalo, United States of Am. v. Ernest White Buffalo, 84 F.3d 1052 (1996). · Go Syfert
United States v. William White Buffalo, United States of Am. v. Ernest White Buffalo, 84 F.3d 1052 (1996). Cases Citing This Book View Copy Cite
30 citation events (22 in the last 25 years) across 5 distinct courts.
Strongest positive: United States v. Descart Begay, Jr. (ca8, 2024-09-10)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Descart Begay, Jr.
8th Cir. · 2024 · confidence medium
Second, “impeach[ing] her general credibility” with inconsistent stories of her sexual behavior, the only type of evidence that was off-limits, had “little or no probative value on the question of whether she falsely accused [Begay] of rape.” United States v. White Buffalo, 84 F.3d 1052, 1054 (8th Cir. 1996).
discussed Cited as authority (rule) United States v. Gilbert Crow Eagle, Jr.
8th Cir. · 2013 · confidence medium
“In the absence of an applicable exception, Rule 412 ‘specifically bars admission of evidence of the past sexual behavior of an alleged rape victim.’ ” United States v. White Buffalo, 84 F.3d 1052, 1054 (8th Cir.1996) (quoting United States v. Blue Horse, 856 F.2d 1037, 1040 (8th Cir.1988)).
discussed Cited as authority (rule) United States v. Frederick
D.S.D. · 2011 · confidence medium
See United States v. Tail, 459 F.3d 854, 860-61 (8th Cir.2006) (exclusion of evidence of victim’s allegedly false prior allegations of sexual abuse because of the minimal probative value of the evidence did not violate Confrontation Clause): United States v. Withorn, 204 F.3d 790, 795 (8th Cir.2000) (‘'[I]mpeaching the victim’s truthfulness and showing her capacity to fabricate a story 'are not recognized exceptions to Rule 412.' ”) (quoting United States v. White Buffalo, 84 F.3d 1052, 1054 (8th Cir. 1996)): see also United States v. Cardinal, 782 F.2d 34, 36 (6th Cir. 1986) (finding …
discussed Cited as authority (rule) United States v. Hitt
5th Cir. · 2006 · confidence medium
See United States v. Poivell, 226 F.3d 1181, 1199 (10th Cir.2000) (rejecting a defendant’s constitutional challenge to a district court’s exclusion of evidence the purpose of which was to rebut inferences that the victim was “naive,” “innocent,” or “unsophisticated”); United States v. White Buffalo, 84 F.3d 1052, 1053-54 (8th Cir.1996) (holding that a defendant’s Confrontation Clause rights were not violated when the district court excluded testimony and evidence that might “impeach the victim’s truthfulness and ... show her capability to fabricate a story about the rape�…
cited Cited as authority (rule) United States v. Edward E. Bordeaux, Jr.
8th Cir. · 2005 · signal: cf. · confidence medium
Cf. United States v. White Buffalo, 84 F.3d 1052, 1054 (8th Cir.1996); United States v. Bartlett, 856 F.2d 1071, 1088-89 (8th Cir.1988).
cited Cited as authority (rule) United States v. Powell
10th Cir. · 2000 · confidence medium
United States v. White Buffalo, 84 F.3d 1052,1054 (8th Cir.1996).
discussed Cited as authority (rule) United States v. Bruce Withorn, Jr. (2×)
8th Cir. · 2000 · confidence medium
Moreover, impeaching the victim’s truthfulness and showing her capability to fabricate a story “are not recognized exceptions to Rule 412.” United States v. White Buffalo, 84 F.3d 1052, 1054 (8th Cir. 1996); cf. United States v. Bartlett, 856 F.2d 1071, 1088-89 (8th Cir. 1988) (finding prior false rape accusation inadmissible under either Rule 412 or Rule 608(b), which prohibits use of extrinsic evidence to prove specific instances of conduct for the purpose of attacking a witness’s credibility except where such evidence is “probative of [the witness’s] truthfulness or untruthfulne…
discussed Cited as authority (rule) United States v. Bruce Withorn, Jr. (2×)
8th Cir. · 2000 · confidence medium
Moreover, impeaching the victim’s truthfulness and showing her capability to fabricate a story “are not recognized exceptions to Rule 412.” United States v. White Buffalo, 84 F.3d 1052, 1054 (8th Cir.1996); cf. United States v. Bartlett, 856 F.2d 1071, 1088-89 (8th Cir.1988) (finding prior false rape accusation inadmissible under either Rule 412 or Rule 608(b), which prohibits use of extrinsic evidence to prove specific instances of conduct for the purpose of attacking a witness’s credibility except where such evidence is “probative of [the witness’s] truthfulness or untruthfulness…
cited Cited as authority (rule) United States v. Charles Lee Richards, Jr.
8th Cir. · 1997 · confidence medium
United States v. White Buffalo, 84 F.3d 1052, 1054 (8th Cir.1996).
cited Cited as authority (rule) United States v. Charles Richards
8th Cir. · 1997 · confidence medium
United States v. White -3- Buffalo, 84 F.3d 1052, 1054 (8th Cir. 1996).
cited Cited "see" United States v. Pumpkin Seed
8th Cir. · 2009 · signal: see · confidence high
See United States v. White Buffalo, 84 F.3d 1052, 1054 (8th Cir. 1996). 6 .
cited Cited "see" United States v. Jason Pumpkin Seed
8th Cir. · 2009 · signal: see · confidence high
See United States v. White Buffalo, 84 F.3d 1052, 1054 (8th Cir. 1996). -9- We turn next to Pumpkin Seed’s argument under Rule 412(b)(1)(C).
cited Cited "see" United States v. Elbert
8th Cir. · 2009 · signal: see · confidence high
See United States v. White Buffalo, 84 F.3d 1052, 1054 (8th Cir.1996).
discussed Cited "see" United States v. Don Elbert, II (2×)
8th Cir. · 2009 · signal: see · confidence high
See United States v. White Buffalo, 84 F.3d 1052, 1054 (8th Cir. 1996).
discussed Cited "see, e.g." United States v. Robert Raymond Tail
8th Cir. · 2006 · signal: see also · confidence medium
Evid. 412; see also United States v. White Buffalo, 84 F.3d 1052, 1053-54 (8th Cir. 1996), but contends that -6- the evidence was nonetheless admissible as substantive evidence to prove that “a person other than the accused was the source of semen, injury, or other physical evidence.” Fed.
discussed Cited "see, e.g." United States v. Robert Raymond Tail
8th Cir. · 2006 · signal: see also · confidence medium
Tail now concedes that the evidence was inadmissible for impeachment purposes, see Fed.R.Evid. 412; see also United States v. White Buffalo, 84 F.3d 1052, 1053-54 (8th Cir.1996), but contends that the evidence was nonetheless admissible as substantive evidence to prove that “a person other than the accused was the source of semen, injury, or other physical evidence.” Fed.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
William WHITE BUFFALO, Appellant; UNITED STATES of America, Appellee, v. Ernest WHITE BUFFALO, Appellant
Jamie L. Damon, argued, Pierre, SD, for appellant William White Buffalo., Stanley E. \Whiting
Fagg, Gibson, Wollman.
argued
FAGG, Circuit Judge.

A jury convicted William White Buffalo and his brother Ernest White Buffalo of aggravated sexual abuse and of aiding and abetting aggravated sexual abuse. See 18 U.S.C. § 2241(a) (1994), The White Buffalo brothers appeal, and we affirm.

According to Antoinette Boltz, she met William and Ernest .White Buffalo at a drinking party, they took her for a ride into the country, and then raped her. Although the victim told a hospital doctor she had not engaged in consensual sexual intercourse within seventy-two hours of the rape, laboratory test results suggested otherwise. At trial, the brothers wanted to offer the victim’s denial of earlier sexual intercourse and then introduce the test results to impeach her credibility. The district court decided the evidence about the victim’s past sexual behavior was inadmissible under Rule 412 of the Federal Rules of Evidence.

On appeal, the White Buffalo brothers contend the district court improperly refused to admit the test results. William[*1054] argues the test results were admissible to impeach the victim’s truthfulness and to show her capability to fabricate a story about the rape. Contrary to William’s view, these are not recognized exceptions to Rule 412. United States v. Azure, 845 F.2d 1503, 1506 (8th Cir.1988). In the absence of an applicable exception, Rule 412 “specifically bars admission of evidence of the past sexual behavior of an alleged rape victim.” United States v. Blue Horse, 856 F.2d 1037, 1040 (8th Cir.1988). Unlike his brother, Ernest argues the district court should have admitted the test results under two of the exceptions listed in Rule 412. Ernest contends the test results showed “that a person other than the accused was the source of semen.” Fed. R.Evid. 412(b)(1)(A). Ernest cannot rely on this exception, however, because the Government did not introduce any evidence about the victim’s past sexual behavior or the presence of semen in the victim. See United States v. Shaw, 824 F.2d 601, 604 (8th Cir.1987), ce rt. denied, 484 U.S. 1068, 108 S.Ct. 1033, 98 L.Ed.2d 997 (1988). Ernest also contends the district court’s refusal to admit the test results violated his constitutional right to confront the victim and impeach her general credibility with the lie to the doctor. Fed.R.Evid. 412(b)(1)(C). In Ernest’s view, “[a] jury cannot judge the credibility of a witness unless that jury is informed of each and every lie the witness told [before] the trial [about] the case.” We disagree. Because the victim’s statement about unrelated consensual sexual intercourse was of little or no probative value on the question of whether she falsely accused Ernest of rape, the exclusion of the test results did not deprive Ernest of a constitutional right. See United States v. Bartlett, 856 F.2d 1071, 1088-89 (8th Cir.1988). Thus, we conclude the district court did not abuse its discretion when it prohibited impeachment of the victim with her past sexual behavior. Fed.R.Evid. 412.

Finally, William contends the district court improperly denied his request for an acceptance of responsibility adjustment. Instead of accepting responsibility for rape, William makes it perfectly clear that he has “consistently denied raping [the victim], [because] the sexual intercourse was consensual.” The district court correctly denied William’s request. See U.S.S.G. § 3E1.1(a) (1994); United States v. Yankton, 986 F.2d 1225, 1230 (8th Cir.1993).

We affirm the White Buffalo brothers’ convictions and William’s sentence.