0715

Because this is evidence of specific acts, admissibility must be justified under Rule 404(b).

I would say: "Under 404(b), evidence of other acts is admissible to show motive and lack of intent. The husband's patterns of behavior prior to the shooting are evidence of the defendant's motive and intent at the time she confronted Beryl and her husband."

The "lack of intent" argument may need further explanation, that this evidence in conjunction with other evidence will show a pattern of abuse and neglect by her husband that eventually led to her being unable to control lashing out at him when she found him with his mistress.

Questions? Email me at tanford@indiana.edu and refer to 0715


The transcript continues with this question:

Q: Had Doris ceased to be a good wife to you?
Prosecutor: Objection. Character evidence.

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