Relevance and Character Evidence

Question 1

Is is relevant?

Answer 1

Does the evidence have any tendency to make a material fact more probable or less probable than would be the case w/out the evidence.

Question 2

Subsequent Remedial Measures

Answer 2

Inadmissible for the purpose of suggesting that by taking the subsequent remedial measure, the party admitted negligence, culpable conduct, product defect, need for warning.

BUT, such evidence is admissible for some other relevant purpose, such as proof of ownership/control or feasibility of safer condition, IF either is controverted.

*The exclusion doesn’t apply to third parties ordering the remedial measures.

Question 3

GA Subsequent Remedial Measures

Answer 3

Under FRE, subsequent remedial measure are inadmissible in a product liability case. But, in GA, subsequent remedial measures ARE admissible in a products liability case.

Question 4

Settlements and Offers to Compromise Disputed Civil Claims

Answer 4

Evidence of a settlement (compromise) of a disputed civil claim or offer to settle such a claim is indamissible in ALL cases to prove liability or weakness of a party’s case.

• Statement of Fact - Generally inadmissible in ALL cases for ALL purposes, including impeachment
• • Exception for statements of fact made in the course of settlement discussion by a government agency in the exercise of its regulatory, investigative, or enforcement authority - admissible

Question 5

Plea Bargaining in Criminal Case (What’s inadmissible?)

Answer 5

1. Offer to plead guilty - Can’t EVER be used against Defendant - crim. or civ.
2. Withdrawn guilty plea - Can’t EVER be used against Defendant. - crim or civ.
3. Plea of nolo contendre - Can’t be used against Defendant in subsequent CIVIL LITIGATION based on same facts
4. Statements of facts made during any of the above - are inadmissible

Question 6

Guilty Plea that is not withdrawn (Admissible)

Answer 6

Yes - admissible as party admission

Question 7

GA Apology Statue

Answer 7

In GA, settlements of a medical professional expressing sorrow, regret, error, or fault are inadmissible against the defendant in a medical malpractice case to prove negligence. There is NO MULTISTATE rule on this.

Question 8

Character Evidence Generally

Answer 8

Evidence of a person’s character is inadmissible to prove that the person acted in conformity with his or her character on a particular occasion (the “propensity inference”)
-Rule subject to exceptions in civil and criminal trials

Question 9

Character Evidence Exceptions

Answer 9

1. Person’s character is an ESSENTIAL element in the case - if character is essential element of a claim, charge, or defense trier of fact MUST consider character issue in deciding case
2. Accused’s good character when offered by the defense;
3. Pertinent character trait of the victim;
4. Character of a witness for untruthfulness; character for truthfulness in rebuttal

Question 10

Proper methods when character evidence offered through character witness?

Answer 10

Witness can discuss:

1. Reputation
2. Opinion

Question 11

Special GA Rule For Defendants Testifying to Their Own Good Character

Answer 11

They can discuss past specific instances.

Question 12

404(b) Other Crimes, Wrongs, or Acts Offered for Non-Character Purpose

Answer 12

*If the Defendant’s other crimes or bad acts show something specific about the crime charged - something more than mere character - such evidence may be admissible as evidence bearing on guilt.

"MIKI PAO"
Motive 
Intent
Knowledge 
Identity
Plan/scheme 
Absence of Mistake/Accident
Opportunity

Question 13

Pretrial Notice of intent to introduce other crimes or acts to prove MIKIPAO

Answer 13

• Prosecution must give notice upon D’s request

- Judge must also weigh probative value vs. prejudice and give limiting instructions if requested/needed.

Question 14

Character evidence that are part of the Res Gestae

Answer 14

Part of the tings done or are so inextricably intertwined with the events in question, are admissible notwithstanding the character rule.
ex. D is snorting cocaine during a bank robbery.

Question 15

Habit or Routine Practice

Answer 15

Habit (of a person) or routine practice (of a business organization) is admissible as circumstantial evidence of how the person (or business) acted on the occasion at issue in the litigation.

Habit is: repetitive, invariable, automatic, and simple
(“often” and “usually” DON’T qualify)

Question 16

Victim’s Character - Self Defense Case

Answer 16

-The accused may introduce evidence of victim’s violent character to prove victim’s conduct in conformity, (circumstantial evidence) that victim was aggressor

• Prosecution can rebut with evidence of P’s character for peacefulness
• Also opens the door for accused’s character to be attacked by prosecution