Evidence-Wellborn SU2006 Outline

At that time did he honestly and reasonably believe

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Unformatted text preview: (2) and is not therefore circumscribed by 405. Instead it is coming in under 404(b). 404(b) applies to evidence about other people than the accused victims, people in civil cases etc. Interesting because the statute only uses language "accused" o IF some crime or other act is relevant for another purpose than to show propensity to commit the crime, then it is admissible. Self-defense defined in terms of the mental state of the actor, what was Carino's mental state when he intentionally used deadly force against Richardson...at that time did he honestly and reasonably believe that if he didn't, he was going to be visited with deadly force. o Not character to prove conduct character to prove what the defendant's total perception was (what the o defendant's intent was)... thereby have to show that the defendant knew about the victim's previous conviction...not relevant in this way if the D didn't know about it. Knowledge that she has propensity to kill men, is not admissible unless there is evid...
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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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