probative value of evidence

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More than 10.000 documents for probative value of evidence
  • 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.

  • 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 the offenses were tried together. A murder victim’s statements to a police officer identifying his assailant were admissible as dying declarations under Evid.R. 804(B)(2) and under the common law: although the victim lived for another 12 hours, the evidence demonstrated that his statements had been made under a belief of impending death with no hope of recovery. The trial court’s admission of a...

    ... court should “consider whether the probative value of the  other acts evidence is ...

  • 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) of the propensity proposal. Since two of the three factors under the propensity proposal have been established by a preponderance of the evidence, it is reasonable to conclude that the court will find that the probative value of Susanna Phillips's testimony is not substantially outweighed by unfair prejudice.

  • 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 limine cannot be challenged on appeal where the defendant did not seek to introduce or proffer the evidence at trial. The trial court’s exclusion of evidence in a domestic violence prosecution concerning the citizenship status of the victim, which precluded cross-examination on immigration benefits that the victim may have been eligible for under the U-Visa program as a result of her accusation, w...

    ... under Evid.R. 403(A) if “its probative value  is substantially outweighed by the ...

  • 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 recount the abuse they had suffered as young girls. Their testimony was admitted under a new Washington evidence statute, section 10.58.090 of the Revised Code of Washington (RCW), which makes it easier for prosecutors to submit evidence of other sex offenses in sex-offense cases. When a defendant is charged with a sex offense, the new law allows evidence of other sex offenses to be admitted, notwit...

    ... trial courts to determine whether the probative value of evidence of other sex offenses is ...

  • 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(A)(2) credibility aggravated burglary R.C. 2911.11(A)(1) trespass R.C. 2921.12(A)(1) tampering with evidence jury selection financial hardship merger R.C. 2941.25

  • ... motion to exclude the impeaching evidence. The Court of Appeals summarily affirmed the ... if" the court determines that the probativeness of the evidence outweighs its prejudice "to the ... of relevant evidence if its probative value is substantially outweighed by the danger of ...

  • 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

  • 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 and missing movement by design.26 As evidence in aggravation, the government presented a witness who testified that another Marine was ordered to deploy much earlier than planned to take the accused's place.27 The accused also acknowledged this fact during his unsworn statement.28 The defense counsel did not object to the witness's testimony regarding this issue.29 On appeal, because defense di...

  • 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 “serious” was proper; jury instructions were proper

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