Evidence: How Does Rule 403 Apply to Propensity Evidence Allowed by Rules 413 and 414? — Circuit Split

Pilati v. United States, 2016 U.S. Dist. LEXIS 99541 (N.D. Ala. Mar. 23, 2016): A court cannot admit evidence of a person's character or traits in order to "prove that on a particular occasion the person acted in accordance with the character or trait." Fed. R. Evid. 404(a)(1), (b)(1). However, Rule 413 provides an exception to the general rule which permits propensity evidence in cases invol ...

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