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Unformatted text preview: admissible, Rule 405 dictates how it may be proved. Evidence Concerning THE ACCUSED in a Criminal Case:
FRE 404(a): Character Evidence Not Admissible to Prove Conduct; Exceptions (a) Character Evidence Generally. Evidence of a person's character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except: 1. Character of Accused. Evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the same, or if evidence of a trait of character of the alleged victim of crime is offered by an accused and admitted under Rule 404(a)(2), evidence of the same trait of character of the accused offered by the prosecution. UNITED STATES v. GILLILAND [Evidence Concerning the Accused in a Criminal Case: General Prohibition against Character Attack in the Case in Chief Rule 404] Facts/Procedural Posture: Defendant charged for transportation of a stolen automobile across state lines in violation of the Dyer Act. Defense was that Gilliland did not steal the car, but bought it on approval from a purported car...
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