Character Evidence

Inadmissible (ex. D liar so D lie on that day)

Admissible

Open the Door: D must offer relevant character evidence first (place in controversy)

D trait: offer character evidence of D & P offer character evidence of D to rebut

V trait: offer character evidence of V& P offer character evidence of V or D (same trait only)

Homicide: offer evidence of V first aggressor & P offer character evidence of V peacefulness

Testimony: reputation or opinion

W testimony: truthfulness only relevant

Cross examination: after reputation or opinion testimony (based on good faith belief)

W cross: no extrinsic evidence if prior act that did not result in conviction denied

Criminal conviction impeachment: admissible (even if appeal pending) to undermine truthfulness when (1) 1+ yr. crime (subject to 403) and (2) crime elements require admitting false statement

Rebuttable Presumption of inadmissibility : 10+ yr. passed (conviction or imprisonment) must pass 403 & notice to other party

Inadmissible: pardon, annulment, certificate of rehabilitation (juvenile adjudications allowed)

Element: character trait is element of charge, claim, or defense

Prove: motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident

Sexual Assault Cases all evidence of D sexual assault (P must disclose use)

Child Molestation Cases: all evidence of D child molestation (P must disclose use)

Sex-offense cases: V sexual behavior or sexual predisposition inadmissible

• Exception: criminal cases
• (1) Prove D not source of semen, injury, or other physical evidence
• (2) Sexual behavior with D to prove consent
• (3) All evidence that violate D constitutional right if excluded

Exception: civil cases if passes 403 or if V places reputation for attack

Pretrial notice: parties and victim (both right to be heard at admissibility hearing)