Evidence-Wellborn SU2006 Outline

When defendant counsel argued the issue of intent to

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Unformatted text preview: ows that he had the intent to rape and murder a woman during that period! Example Inadmissible, then admissible: In United States v. Ortiz, the court ruled that evidence of other crimes would be inadmissible to prove the D's intent to distribute as long as she limited herself to the defense that she was not the person who possessed the drugs. When defendant counsel argued the issue of intent to the jury however, he opened the door to the evidence. Running from the heat doesn't always show the defendant's consciousness of guilt of another crime: Most people run when the cops knock on their door Has to be very connected with the crime. Note there is a slight problem area here: Example D charged with theft by deception and claims that he didn't intend to steal the goods. P offers evidence about other transactions where the D failed to pay for goods or services. o Evidence normally tends to prove the defendant's fraudulent intent only because the jury may infer: The defendant's dishonest character and That defendant acted in conformity with that dishonest character on the occasion in question. But, courts routinely admit such evidence, seldom acknowledging that it often involves a prohibited use of character evidence. UNITED STATES v. MILLS [Evidence Concerning the Accused in a Criminal Case: Other Crimes, Wrongs, or Acts Admissible for a Non-Character Purpose: Other Acts admitted to prove INTENT FRE 404(b)] Facts: Mills filled out and signed two Aetna-mandated passenger manifes...
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