Evidence-Wellborn SU2006 Outline

D brings in evidence from another little girl that

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Unformatted text preview: go into a basement in a building and while in the basement he took indecent liberties with her. Procedural Posture: Whitty denied having talked about a rabbit to anyone, to any little girl period. Whitty claiming that he didn't do it, that it was some other guy his position is not that she fabricated this whole story but rather that it is some other guy. D brings in evidence from another little girl that Whitty had also asked her to go look for the rabbit and they went to a basement, but he did not touch her because he heard a noise and decided to leave. o Trial court limited the evidence; was not to be considered proof of Whitty's guilt of the offense for which he was charged but was admitted solely for the purpose of identification since his identity under the alibi defense was at issue. Whitty appeals, claims that the testimony from the little girl should not have been admitted. Issue: Did the trial court improperly admit evidence from the little girl [not the D] that Whitty asked her to go look for a black and white rabbit? Holding: No. Evidence was clearly admissible under 404(b) as probative of identity. Only q...
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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.

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