Problem 6-3.

(1) I object to evidence of the defendant's character. Rule 404 makes character evidence not admissible in the prosecution's case-in-chief.

(2) Sustain.

(3) Sustain. Same as (1)-(2).

(4) I object to evidence of past acts of violence under Rule 404, which says that character evidence is not admissible.

(5) Sustain

(6) Overrule. This is not pattern evidence, but a specific single act. Its admissibility is governed by Rule 403, not 404. State of mind of victim is relevant.

(7) Overrule. Not a pattern of behavior, but a description of the event.

(8) Overrule. According to opening statements, the defendant is disputing intent. Falls into the intent exception in Rule 404(b).

(9) Overrule. The defendant may place his own character in evidence under Rule 404(a).

(10) Same. Personal opinions of relevant character traits is admissible.

(11) Sustain. This is specific act evidence. Unless it falls into a 404(b) exception, character may only be proved by reputation or opinion.

(12) habit

(13) Overrule. Foundation laid for habit ("always").

(14) Sustain. Truthfulness is not a "pertinent" trait in a robbery charge.

(15) This is not a character evidence issue -- no pattern of behavior involved.

(16) Sustain. Sounds like specific acts evidence of a pattern of statements about force. Specific acts generally nor allowed, and even if exempted from 404, would not pass Rule 403 because of low probative value of what anyone says about violence in connection to actual tendencies.

(17) Overrule. May impeach a character witness who has testified to reputation based on bad things the witness should have heard about.

(18) Overrule. You may impeach a character witness who has testified to an opinion based on bad things the witness knows about.

(19) Sustain. Irrelevant to character traist being talked about, and even if exempted from Rule 404, would not pass muster under 403 because too prejudicial.

(20) Overrule. Once the defendant has raised the issue of his own good character, the prosecution may rebut with evidence of similar scope.

(21) Sustain. Defendant;s presentation of character evidence only opens the door to counter evidence on the same issue. It does not permit evidence of the victim's character.

(22) Same.