probative value of evidence

30780 results for probative value of evidence

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  • State v. Gatliff, (Ohio 2013)

    Juror misconduct; new trial; evidentiary hearing; Evid.R. 606(b); Evid.R. 404(a); probative value, unfair prejudice; preservation of evidence; materially exculpatory; potentially useful; manifest weight of the evidence; sufficient evidence; Crim.R. 29; lesser included jury instruction.

  • State v. Kennedy, (Ohio 2013)

    JOINDER—EVIDENCE—CONSTITUTIONAL LAW—ALLIED OFFENSES—SENTENCING: The trial court did not err in overruling a motion to sever offenses arising out of two unrelated shooting events: Crim.R. 8(A) allowed joinder of the offenses in one indictment; and the evidence of the offenses from the separate events was simple, direct, and sufficient to sustain the verdicts related to each event, whether or not ...

  • State v. Morales, (Ohio 2014)

    PROCEDURE/RULES – EVIDENCE/WITNESS/TRIAL – DISCOVERY – COMPETENCY: The time requirements of Crim.R. 45(D) do not apply to a motion in limine that seeks an anticipatory ruling by the trial court on the admission of evidence. The trial court’s granting of the state’s motion in limine was not a final ruling on the admission of the evidence at trial and, therefore, the granting of the motion in...

  • State v. Nguyen, (Ohio 2013)

    Evid.R. 702 Evid.R. 705 Confrontation Clause testimonial statements App.R. 16(A)(7) fact witness expert witness rape shield R.C. 2907.02(D) R.C. 2907.02(E) sexual activity inflammatory or prejudicial nature probative value Evid.R. 403(A) Evid.R. 611(A) exhibit bags Evid.R. 612 present recollection refreshed manifest weight sufficiency of the evidence rape R.C. 2907.02(A)(2) kidnapping R.C. 2905.01...

  • State v. Nichols, (Ohio 2012)

    disseminating material harmful to juveniles; tampering with evidence; separation of witnesses; effective assistance of counsel; request for a continuance; motion for a new trial; Crim.R. 33(C); newly discovered evidence; Crim.R. 33(A); Evid.R. 403(A); probative value; danger of unfair prejudice; relevant evidence; Due Process Clause

  • State v. Davis, (Ohio 2011)

    aggravated murder; aggravated arson; motion to suppress confessions; appellant properly Mirandized; no illegal arrest; probative value of other acts evidence outweighed by danger of unfair prejudice; harmless error; jury’s verdict supported by the manifest weight of the evidence; sentence was not contrary to law or an abuse of discretion; R.C. 2929.03; amendment of indictment to include the word “...

  • Predators and Propensity: The Proper Approach for Determining the Admissibility of Prior Bad Acts Evidence in Child Sexual Abuse Prosecutions

    D. The Codification of Propensity Evidence in Child Sexual Abuse Cases - Federal Rule of Evidence 414 and its State Progeny ......... Because they lived next door and were family, Brian 's parents often asked Chris to watch Brian when they would travel out of town. Moving the child in order to perpetrate the sexual abuse clearly constitutes instrumental force as defined under subsection (B)(3) ...

  • State v. Simpson, (Ohio 2002)

    Aggravated arson; arson; prosecutorial misconduct; admission of evidence; sufficiency of the evidence; manifest weight of the evidence; probative value of circumstantial evidence; R.C. 2929.13(B); R.C. 2929.14(B); findings required for sentencing.

  • State v. Ector, (Ohio 2009)

    The probative value of evidence excluded by rape shield law outweighed the state's interest in its exclusion, denying the defendant his right to confrontation under the Sixth Amendment.

  • State v. Cumberledge, (Ohio 2012)

    CRIMINAL LAW/EVIDENCE - Evid.R. 404(B); evidence of prior bad acts; evidence of prior production of drugs is admissible to show intent or motive for present possession of production materials; evidence only admissible as to one of two counts; probative value outweighs possibility of unfair prejudice; sufficiency of the evidence; complicity in the manufacturing of an illegal drug; manifest weight...

  • State v. Webster, (Ohio 2013)

    SEX OFFENSES – EVIDENCE/WITNESS/TRIAL – INDICTMENT/COMPLAINT – SENTENCING: The state presented sufficient evidence to support defendant’s convictions for three counts of unlawful sexual conduct with a minor: the state did not try defendant in an “all or nothing fashion” where it had sufficiently distinguished each charge in its indictment, the bill of particulars, and in its evidence presented...

  • State v. Sturgill, (Ohio 2013)

    Failure to comply; OVI; operating a vehicle while under the influence of alcohol; previously been convicted of five or more OVI offenses within the last 20 years; driving under suspension; ineffective assistance of counsel; stipulation to prior offense; prior offense is an essential element; probative value; danger of unfair prejudice; third-degree felony OVI; manifest weight of the evidence;...

  • NTD Propertied, Ltd. v. Clark Cty Aud., (Ohio 2013)

    It was unreasonable and unlawful for the trial court to revert to the auditor’s determination of the true value of Appellant’s property, since there was reliable, probative evidence in the record that affirmatively contradicted the auditor’s determination. Reversed and remanded for proceedings consistent with this opinion.

  • Balancing Interests Under Washington's Statute Governing the Admissibility of Extraneous Sex-Offense Evidence

    Seventy-nine-year-old Roger Schemer was tried and convicted in King County Superior Court for molesting a relative when she was seven years old. Trial testimony revealed that Scherner had also molested other young girls, all of them either family members or daughters of family friends, over a period of several decades. In addition to the victim's testimony, jurors heard four previous victims...

  • State v. Muncy, (Ohio 2012)

    CRIMINAL LAW: mistrial, voir dire, curative instruction, Evid.R. 404(B), Evid.R. 403(A), proof of motive, probative value, other acts, unfair prejudice, manifest weight of the evidence, sufficiency of the evidence serious physical harm, knowingly

  • Columbus City Schools Bd. of Edn. v. Franklin Cty. Bd. of Revision, (Ohio 2013)

    Decision by the Board of Tax Appeals determining that the sale price paid in a sale-leaseback transaction constituted the fair market value of a property was not unreasonable or unlawful because there was reliable and probative evidence in the record supporting the conclusion that it was an arm's-length transaction. The transaction was voluntary, and each of the parties to the transaction acted...

  • State v. Jones, (Ohio 2013)

    The trial court did not err in failing to give jury instructions involving issues which were irrelevant to the offenses with which defendant was charged and which set forth factual findings and conclusions that were never established at trial. The trial court did not abuse its discretion in denying defendant’s motion for discovery of portions of officers’ personnel files relating to use of...

  • Military Sentencing 101-Back to the Basics

    This evidence was directly related and resulted from the offense of which he was convicted.23 In addition, the court found that the probative value of the evidence outweighed any potential prejudicial impact.24 Another example of proper aggravating evidence is seen in United States v. Chapman.25 In a military judge alone trial, Lance Corporal Aaron Chapman plead guilty to unauthorized absence...

  • Green v. Bock Laundry Machine Co., 490 U.S. 504 (1989)

    ... by denying his pretrial motion to exclude the impeaching evidence. The Court of Appeals summarily affirmed the District Court's ... credibility "only if" the court determines that the probativeness of the evidence outweighs its prejudice "to the defendant" - ... the exclusion of relevant evidence if its probative value is substantially outweighed by the danger of unfair prejudice. ...

  • State v. Kelly, (Ohio 2012)

    CRIMINAL LAW - felony murder; felonious assault; assault; jury trial; jury instructions; civil foreseeability instruction; "some injury" in felony murder instruction; "knowingly caused serious bodily harm" in felonious assault instruction; prosecutorial misconduct; closing argument; purpose of closing argument; ineffective assistance of counsel; conflict of interest; trial...

  • State v. Harris, (Ohio 2013)

    Appeal from hit-and-run conviction. Alleged failure of trial court to have recorded all portions of the proceedings does not require reversal. Defendant sought to supplement the record on appeal. Trial court granted defendant’s motion to supplement in part. Even if it is assumed that the motion should have been granted in full, the record as so supplemented would not demonstrate reversible...

  • State v. Smith, (Ohio 2008)

    Arson, aggravated arson, sufficiency of the evidence, manifest weight, admission of evidence, relevance, probative value, unfair prejudice; abuse of discretion.

  • DCWI Office N., L.L.C. v. Montgomery Cty. Aud., (Ohio 2011)

    The trial court abused its discretion in affirming the decision of the Board of Revision. The county indicated at the Board hearing that it preferred to use actual income in applying the income approach to valuation of the appellant’s property. By providing the evidence that the auditor preferred, the appellant met its burden of presenting probative evidence that the value of its property was...

  • State v. N.D.C., (Ohio 2008)

    The trial court did not err when on remand it balanced the state's interest which the statute is designed to protect against the probative value of the excluded evidence for purposes of the rape shield statute. Therefore, the defendant's assignments of error were overruled and the trial court's judgment was affirmed.

  • USA v. Rashi Ushery, (3rd Cir. 2010)

    ... traffic stop; and (2) excluding Areverse 404(b)@ evidence Ushery intended to introduce. We will affirm. . ... may introduce >reverse 404(b)= evidence so long as its probative value under [Federal] Rule [of Evidence] 401 is not substantially ...