Character/Impeachment/Rehab Flashcards
What is the Beechum 2 step test?
- Must be determined that extrinsic evidence (e.g., the silver dollar in Beechum) is relevant to an issue other than defendant’s character.
- Evidence must possess probative value that is not substantially outweighed by its undue prejudice and must meet other requirements of Rule 403.
My best understanding of sufficiency in the 400s right now…
Sufficiency comes in with 404(a). It is also sufficiency in the 404(b) MIMICK analysis. However, there is still the two-step Beechum and meet the requirements of 403
Also, the 404(a) test for whether a character trait is pertinent – I think that’s preponderance too
What are the 404(b) MIMICK exceptions?
Motive
Intent
absence of Mistake or accident
Identity/modus operandi
Common scheme or plan
Knowledge
What is the standard for whether prior bad acts occurred?
Sufficiency, per Huddleston.
What is procedure to determine admissibility of victim’s sexual behavior?
(c) Procedure to Determine Admissibility.
(1) Motion. If a party intends to offer evidence under Rule 412(b), the party must:
(A) file a motion that specifically describes the evidence and states the purpose for which it is to be offered;
(B) do so at least 14 days before trial unless the court, for good cause, sets a different time;
(C) serve the motion on all parties; and
(D) notify the victim or, when appropriate, the victim’s guardian or representative.
(2) Hearing. Before admitting evidence under this rule, the court must conduct an in camera hearing and give the victim and parties a right to attend and be heard. Unless the court orders otherwise, the motion, related materials, and the record of the hearing must be and remain sealed.
What about sex assault cases?
In crim case in which D is accused of sex assault, court may admit evidence that D committed any other sexual assault.
If the prosecutor intends to offer this evidence, the prosecutor must disclose it to the defendant, including witnesses’ statements or a summary of the expected testimony. The prosecutor must do so at least 15 days before trial or at a later time that the court allows for good cause.
Similar crimes in child molestation cases
In crim case where D is accused of child molestation, court may admit evidence that D committed any other child molestation.
Prosecutor must disclose to defendant at least 15 days before trial or at a later time that the court allows for good cause.
Child = younger than 14
What does 415 add?
Extends 413/14 to civil cases. If civil case where accused of sexual assault or child molestation, evidence that party committed any other sexual assault or child molestation is allowed
If D opens door, is that okay in a civil case?
No, only criminal cases!
Can crimes and other wrongful acts – 404(b) – be brought in during a civil case?
Yes; also ok in criminal cases.
Impeachment by evidence of criminal convictions. Discuss probative/prejudicial analysis.
For crimes punishable by death or imprisonment > 1 year, evidence must be admitted under a 403 analysis (may exclude if probative is substantially outweighed by prejudicial).
If >10 years has passed since witness’s conviction or release (whichever is later), then the probative/prejudicial analysis is inverted. It can only be admitted if the probative substantially outweighs the prejudicial. Probative must be supported by specific facts and circumstances.
Must have written notice of plan to use!
Evidence of prior conviction is not admissible if:
Pardon, annulment, certificate of rehab, etc. and they have not been convicted of a later crime punishable by death or imprisonment > 1 year.
OR
Pardon/etc based on finding of innocence.
Evidence of juvenile adjudication admissible only if:
(1) it is offered in a criminal case;
(2) the adjudication was of a witness other than the defendant;
(3) an adult’s conviction for that offense would be admissible to attack the adult’s credibility; and
(4) admitting the evidence is necessary to fairly determine guilt or innocence.
What if conviction is on appeal?
(e) Pendency of an Appeal. A conviction that satisfies this rule is admissible even if an appeal is pending. Evidence of the pendency is also admissible.
What does Simonelli stand for?
Substantive evidence under 801 per Tome case: only pre-motive statements can be admissible for the TOMA – categorical rule
Consistency only: Post-motive statements (that do rebut bias attack) OR other relevant rehab (ad hoc balancing)
