Evidence-Wellborn SU2006 Outline

O but note a trial offer of evidence that is broader

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Unformatted text preview: ier objection by a motion to strike at an appropriate time, usually the close of a proponent's case. GOVERNMENT OF THE VIRGIN ISLANDS v. ARCHIBALD [Objections and Motions to Strike Timeliness Requirement: FRE 103(a)(1)] Facts: Archibald charged with aggravated rape for having intercourse with Latoya (girl under 13 years of age). Latoya admits to having sex with Archibald numerous times. Archibald = father of Tasha's baby. Tasha is Latoya's older sister. Baby = 6 months old, Tasha = 15, thereby Archibald had sex with her when she was 13 or 14. Procedural Posture: Prosecution questions Tasha's mother in a way that shows that Archibald had sex with Tasha she was 13 or 14 (previous uncharged offense of third degree rape). When Williams was asked, how old is Tasha? Immediately following the response, counsel for Archibald objected to the admission of the testimony on grounds of Rule 404(b). Archibald asserts that evidence of his prior criminal act should have been excluded under FRE 404(b). Evidence of other crimes, wrongs, or acts is not admissible to...
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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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