0711

I would say:
"I object to evidence of her 'usual costume.' Counsel is asking about a pattern of behavior which is inadmissible character evidence under Rule 404."

Note the difference between asking what she was wearing on this particular occasion (not character) and asking what she usually wears (pattern = character).

Questions? Email me at tanford@indiana.edu and refer to 0711.

Defense: Miss Cain, what did you say Mr. Attinger came to see you about?
A: About another insurance policy. I said this already.

Q: Well, say it again.
A: Mr. Attinger came to collect on my policy and explain another kind to me.

Q: What do you hold?
A: Straight life $3,000.

Q: And he came to discuss?
A: Health and accident.

Defense: He showed remarkable foresight in this, wouldn't you say?
Prosecutor: Objection.
Defense: I'll withdraw the question.

Q: Miss Cain, a while ago you said you fainted, so Mr. Attinger grabbed you?
A: Yes.

Q: Had he ever grabbed you before?
Prosecutor: Objection. This is inadmissible character evidence.

What response should the defense make? When you think you know the answer, click here .