0713

I would say: "This evidence tends to prove that Beryl and Warren were having an affair, which helps establish the defendant's motive, and is therefore admissible under Rule 404(b)."

Note that you cannot simply invoke 404(b) as a whole, you must be specific about which of the eight exceptions it falls under.

Questions? Email me at tanford@indiana.edu and refer to 0713

Judge: Overruled
Defense: Had he ever grabbed you before?
A: No.

Q: Never, before?
A: No.

Q: You're aware that you're under oath, Miss Cain, and that any false testimony makes you liable to perjury?
A: Yes.

Q: Mr. Attinger had never touched you before this time?
A: Sure. We used to shake hands quite a lot.

Q: I see. Did you enjoy it?
Prosecutor: Objection!
Judge: Sustained!

The prosecutor calls his next witness, Warren Attinger, who testifies that he went to Beryl's apartment to sell her some new insurance, when Beryl burst in and started shooting. He denies having an affair with Beryl. The defense cross-examines:

Q: What did you give your wife last year for her birthday?
A: Nothing.
Q: And the year before that?

What objection could the prosecutor make? When you think you know the answer, click here .