Transcription of CHARACTER EVIDENCE QUICK REFERENCE
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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/.
* Character evidence that victim was a good nephew and worked hard allowed where Defendant offered evidence that victim was a gang member. State v. Taylor, 344 N.C. 31 (1996). * Character evidence that Defendant was a gang member allowed where Defendant had put on character evidence of being a “good Marine.” State v.
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