Evidence-Wellborn SU2006 Outline

Holding the evidence is admissible under 404b notes

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Unformatted text preview: ug activities and Price's knowledge of those activities, and Frank's prior abuse as probative of Frank's "motive" and intent to kill Price. elements of the crime of murder. Issue: Is the evidence of Frank's drug activities, Price's knowledge of those activities, and Frank's prior abuse of Price admissible under 404(b)? Holding: The evidence is admissible under 404(b). Notes: Although motive itself is rarely an element of a crime, evidence of motive is often probative of the accused's guilt Other crimes may themselves provide the motive for committing the charged crimes. Where identity is not an issue, other crimes evidence may tend to prove the defendant's state of mind: o Example Admissible: D was convicted of arson resulting in the death of two of his children. Trial court properly admitted evidence that defendant had previously been convicted and was still on probation for sexually abusing his children. The prosecution had argued that he committed the arson to prevent his wife and children from reporting further instances of sexual abuse which would have resulted in a revocation of his probation. o Example owi...
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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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