Evidence-Wellborn SU2006 Outline

Main point evidence of motive does not give probative

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Unformatted text preview: cture foreclosed opportunity. Main Point - Evidence of motive does not give probative value when everything in the picture forecloses opportunity!!! Note: Circumstantial evidence almost never leads to certainty; almost always increases probability of the thing inferred to one degree or another. Ex: Barn was red at 11:45 am...increases probability that the barn was red at noon at least to some degree. Ex: Even if you said the barn was red three weeks prior, to some degree it increases the probability that the barn was red at noon three weeks later. STATE v. NICHOLAS [Probative Value Is the evidence probative of the proposition sought to be proved? FRE 401/402] Facts: Ms. S was raped twice Second time cops captured Nicholas in the woods where he had an erection and was all sweaty. Vaginal smear contained sperm. Acid phosphate test showed positive for a type O secretor which meant, since Ms. S. is a type O secretor, that the rapist was either a type O secretor or a non-secretor (category covering...
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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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