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CHARACTER EVIDENCE QUICK REFERENCE

CHARACTER EVIDENCE QUICK REFERENCE . reputation opinion specific instances of conduct - habit CHARACTER of the Defendant 404(a)(1) (pages 14-29). (pages 4-8). * Test: Proper Purpose + Relevance + Time * Test: Relevance (to the crime charged) + Similarity + 403 balancing; rule of inclusion + 403 balancing; rule of exclusion * Put basis for ruling in record (including * Defendant gets to go first w/ "good 403 balancing analysis). CHARACTER " EVIDENCE . reputation or opinion only (see rule 405) * D has burden to keep 404(b) EVIDENCE out ^ State can cross -examine as to specific instances of bad CHARACTER * proper purposes: motive, opportunity, knowledge/intent, , common * Law-abidingness ALWAYS relevant scheme/plan, identity, absence of mistake/.

2 * Cross-examiner has to have good faith basis for specific instance evidence. State v. Flannigan, 78 N.C. App. 629 (1985), cert. denied, 316 N.C. 197 (1986). * Party seeking to admit reputation or opinion testimony has to lay

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