evidence of guilty plea of alleged accomplices never admissible under 403 if accomplice is not testifying
evidence of guilty plea of alleged accomplices never admissible under 403 if accomplice is not testifying.
probative value: moderate. Alleged accomplice may not be an accomplice, and could have plead guilty for any number of reasons.
if the accomplice testifies, P can bring guilty plea up on direct to prevent impeachment
by D and negative inferences
If P didn’t bring it up on direct, D could introduce it on cross to show motive to falsify.
Even if D states in limine that he won’t
bring it up
, P still has proper purpose in preventing jury speculation as to why this guy is not on trial as well.
D gets instruction to use guilty plea only for credibility, and not to infer the guilt of D.
– courtroom recreations of events.
opponent of evidence will attempt to show recreation is importantly dissimilar from real event
, less probative sometimes wins on 403.
– car crash. D wants to admit demonstration of what happens when ball joint disengages as alleged.
disallowed as demonstration with professional driver,
, who expected it to happen. Thus so dissimilar as to be substantially more prejudicial than probative.
can sometimes get admitted if you make dissimilarities go in favor of opponent of evidence
eg, bankruptcy case. D claims he burned his money. P demonstrates
that even with more wind
, gasoline, etc.,
that D claims
, money would not all burn.
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