0411

This is a conditional relevance situation governed by Rule 104(b). The relevance of the first purchase of 2 packages of pseudoephedrine depends upon the proof of a fact -- namely that by making a series of small purchases, a large quantity was amassed. Because evidence is admitted one item at a time, one of the purchases has to be presented first. The prosecutor can make an offer of proof as to the upcoming evidence, and ask the judge to admit evidence of the first purchase now.

Questions? E-mail tanford@indiana.edu and refer to 0411.


END OF CLASS