Evidence-Wellborn SU2006 Outline

Material b does the evidence tend to make more or

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Unformatted text preview: nce directed toward a matter at issue? (material) b) Does the evidence tend to make more or less likely a matter at issue/ (probative) If the evidence is both material and probative, it is relevant, and is admissible unless some exclusionary rule applies!!! [FRE 402] STATE v. KOTSIMPULOUS [Probative value Is the evidence probative of the proposition it is offered to prove? FRE 401/402] Facts: Kotsimpulous accused of stealing five pork tenderloins from a meat plant. o Caught under established surveillance entering the plant, returning to his car, reentering the plant, returning to his car, etc. o Spot check of meat revelead five pork tenderloins missing. o Upon arrest, Kotsimpulous was found to have five pork tenderloins in his coat pocket. Procedural Posture: Kotsimpulous sought to introduce evidence that the supervisor of the meat plant had expressed a desire to relieve Kotsimpulous of his duties as a federal meet inspector. o Counsel suggested that Carver had expressly warned Kotsimpulous...
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