Having any tendency to make the existence of any fact that is of consequence to the determination of the action more

probable or less probable than it would be without the evidence. F: D claimed self-defense, D said that he killed M because he heard that M had killed an old man while arresting him. Doctor testified that the old man died of disease. H: Even its slight probative value, it could be relevant. only requires a logical connection F: D accused of shooting and killing V; government introduced evidence that D owned a gun, had barrel replaced, shop-owner saw scratches on gun. H: Even its slight probative value, it could be relevant. F: D, who was intoxicated, convicted of negligent endangerment for riding horse with kid, who died from fall. D tried to exclude evidence of his blood alcohol in relationship to drunk driving. H: Probative value of D's impairment caused by drinking outweighs prejudice to D

Knapp

FRE 402: Relevant Evidence Generally Admissible

Dominguez

Larson

FRE 104 (a): Questions of admissibility generally.

Preliminary questions concerning the qualification of a person to be a witness, or the admissibility of evidence shall be determined by the court subject to the provisions of subdivision (b). When the relevancy of evidence depends upon the fullfillment of a condition of fact, the court shall admit it upon, or subject to, the introduction of evidence sufficient to, support a finding of the fulfillment of the condition. F: D convicted of aggravated murder; jailhouse inmate testified about statements D made to him. These statements make it more likely that D did it. Relevant, however, only if inmate spoke to D. McNeely H: The court found that a reasonable juror could find that the man inmate spoke to was D.

Conditional Relevant FRE 104(b): Relevancy conditioned on fact

F:D shot wife to death, contends it was accidental. Photos of deceased shown, argues should be excluded under 403 for unfair prejudice. McRae H: The evidence of photos would be outweighed by unfair prejudice, if those picture has less probative value. F:D arrested for fracas involving gunshot; 922(g)(1) makes it unlawful for anyone convicted of crime punishable by more than one year to possess a gun. D asked in current indictment that government not read anything about his prior conviction other than to say simply that he was convicted of crime punishable for more than one year, on the theory that saying more would be prejudicial to his current indictment. Old Chief H: The fact that the T/C mentioned the details of D's prior conviction was outweighed by the unfair prejudice. F: D indicted on drug charges but D contended he provided the U.S. with classified info in exchange for money. D tried to rebut the charge that he had unexplained wealth which came from the U.S. Noriega H: If the probative value of the evidence was substantially outweighed by confusion of issues its admission would have caused-shifted trial from drug trafficking to geo-political intrigue.

unfair prejudice

Relevant evidence may be excluded if its probative value is substantially outweighed by danger of FRE 403: Exclusion of Relevant Evidence confusion of the issues

misleading the jury Considerations of undue delay F: P drove truck, got injured by log, sues sawmill owner. D made a film how unloading of logs work. The judge only allowed the video except sound because sound was not reliable evidence. Abernathy H: The probative value of the sound evidence was outweighed by waste of time.

waste of time

needless presentation of cumulative evidence

Chapter 2. Relevance.mmap - 2010-06-03 - Mindjet