Evidence-Wellborn SU2006 Outline

Note 413 414 dont say that they are subject to rule

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Unformatted text preview: te intent as the more probable explanation. Evidence Concerning the Accused in a Criminal Case: Other Crimes, Wrongs, or Acts Admissible for a Non-Character Purposes SEX OFFENSES [FRE 413 415] 413 Evidence of Similar Crimes in Sexual Assault Cases 414 Evidence of Similar Crimes in Child Molestation Cases 415 (Civil Counterpart to 413 and 414) Evidence of similar Acts in Civil Cases Concerning Sexual Assault or Child Molestation. Note: 413 & 414 don't say that they are subject to rule 403, but since it doesn't say that they are NOT subject to rule 403, the courts have always interpreted them as though they are. TEXAS RULES DIFFER FROM FEDERAL RULES HERE: Federal Rules 413-415 permit evidence of specific acts of sexual assault and child molestation for any purpose for which such evidence may be relevant. Permits such evidence to show the character of the defendant. No such corresponding language appears in the Texas rules!! Although, Code of Criminal Procedure, more modestly authorizes the admission of previous acts of wrongdoing committed b...
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