Evidence-Wellborn SU2006 Outline

If discretion means anything it shouldnt be just that

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Unformatted text preview: IVE.... No reason therefore to admit the prejudicial testimony from the other professor... Prosecution doesn't need this extra evidence, can prove their case w/o this prejudicial evidence therefore it should not have been admitted (based on 403 balancing test) Makes some good points, we keep saying trial court discretion but here we are reversing a judge for something that doesn't seem as bad as "abuse of discretion." If discretion means anything, it shouldn't be just that the appeals judge would have come out the other way, requires reversal. o Ran the same way, two days apart, exact same area etc....doesn't seem abuse of discretion to consider this evidence relevant to identity. So while the appeals court determination that the evidence shouldn't have been admitted was correct, it doesn't necessarily call for reversal...but then again, if you never reverse as an appeals court, you almost seem toothless. Texas Case: McDuff Distinctive similarity prosecution, both victim's were found with their hands tied behind their backs with a white shoe string that's the black and white bunny rabbit! Otherwise wouldn't have been able to bring in evidence of his past murder (the murder don...
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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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