Evidence-Wellborn SU2006 Outline

The only dispute is whether there was expression of

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Unformatted text preview: offenses if you don't have any DNA or another witness Example, date rape case o Likely to be recommitted. Driven by sexual compulsion. If Wellborn were a justice in a jurisdiction that didn't have a rule like 413 414, he would recognize a very special category for date rape cases under 404 seems analogous to the intent exception he claims In date rape consent, there is no dispute about identity, there is no dispute about at least an aspect of the physical event... the only dispute is whether there was expression of consent or not, and that is a much shorter inference....that's analogous to Wellborn structurally to the intent exception....a few jurisdictions have recognized this! STATE v. BURNS [Evidence Concerning the Accused in a Criminal Case: Other Crimes, Wrongs, or Acts Admissible for a Non-Character Purpose: Evidence of similar crimes in child molestation cases Missouri Law] Facts: Appellant swimming with victim and his brother Appellant performed fellatio on victim and asked victim to do the same to him ,who refused Victim's brother...
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