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Character of offender in sentencing and similar proceedings
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Contributed in 2009 & last edited in 2010 by Peter Tillers
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The rule barring the use of liability insurance or its absence on the issue of negligence or wrongful conduct does not bar such evidence about...Morrissey v. Welsh Co., 821 F.2d 1294, 1305 (8th Cir. 1987) (holding, in plaintiffs' action against defendant building owner for damages, that evidence relating to liability insurance on the building was admissible....
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The rule barring the use of liability insurance or its absence on the issue of negligence or wrongful conduct does not bar such evidence about liability insurance if such evidence is offered on an issue other than negligence or wrongful conduct.vouch for authority for rule...
It has been said that the purpose of the privilege for confidential marital communications is to foster intimate communications between spouses.Cf. United States v. Byrd, 750 F.2d 585, 589-590 (7th Cir. 1992) (convictions for arson, and conspiracy to commit arson; defendant argued that his wife's testimony should have been excluded under the privilege of confidential marital communications; court rejected argument, affirmed conviction;...
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It has been said that the purpose of the privilege for confidential marital communications is to foster intimate communications between spouses.vouch for authority for rule...
Propensity, or character, is admissible if character is an essential element of a claim, charge, or defense.United States v. Keiser, 57 F.3d 847, 856 (9th Cir. 1995) (upholding trial court's exclusion of the proffered testimony regarding the verbal altercation outside the courtroom because the victim's violent nature is not essential to accused's claim of self-defense).
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Propensity, or character, is admissible if character is an essential element of a claim, charge, or defense.