Evidence-Wellborn SU2006 Outline

places limits on what is relevantprobativenot

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Unformatted text preview: nger = most common motive for homicide, Wellborn guesses. Murderous anger towards X So anger/hatred is separate motive evidence than any other motive someone might have (such as to eliminate a witness, to avoid divorce, etc.) Judge allows for evidence of narcotics dealings and previous abuse but admirably limits them.. Places limits on what is relevant/probative/not unfairly prejudicial. Opportunity/Means not used as often as motive Case in notes on page 37, D's being charged with trying to help other people with drug manufacturing o The fact that they knew all this stuff about drugs and had previously been involved in tableting and marketing LSD showed that they had drug knowledge and were thus capable of helping the government with drug manufacturing! o See bottom of page 37 for good examples Note 3 page 37: "Opportunity" - Opportunity is an express exception of Rule 404(B). Though the word has been little used by the courts it evidently is intended to cover all or part of a category...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas at Austin.

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