Evidence-Wellborn SU2006 Outline

Procedural posture at trial government sought to

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Unformatted text preview: UNITED STATES v. MOUND [Evidence Concerning the Accused in a Criminal Case: Other Crimes, Wrongs, or Acts Admissible for a Non-Character Purpose: Evidence of similar crimes in sexual assault cases, evidence of similar crimes in child molestation case FRE 413 & 414] Facts: Mound allegedly abused his daughter physically and sexually from when she was through 14. Alleged abuse included forced touching and intercourse and beating with an axe handle. Procedural Posture: At trial, government sought to introduce evidence of similar acts committed by Mound in 1987, namely the sexual abuse of two girls, ages 12 and 16. Mound had pleaded guilty to the first offense and the government dropped the investigation of the second girl. District Court admitted the conviction under Rule 413 (but could have done 414) but exclude the uncharged offense. Jury convicted Mound of all seven sexual abuse and assault charges. Mound appeals. Argues that: o FRE 413 is unconstitutional o District court's application...
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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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