A course of conduct can constitute habit for purposes of Federal Rule of Evidence 406 and state counterparts to Rule 406 only if the conduct is highly regular or practically invariable.

United States v. Hewitt, 634 F.2d 277, 278 (5th Cir. 1981) (conviction for three counts of unlawful possession or receipt of firearms; court reversed and remanded for a new trial, after finding that accused was erroneously denied the opportunity to present evidence of his general character as a...A criminal defendant may offer a pertinent trait of his or her character circumstantially -- to show the defendant's doing or non-doing of a specific act.

United States v. Johnson, 440 F.3d 832, 846-847 (6th Cir. 2006) (upholding trial court's admission of Stone's statements [which were recorded surreptitiously by Hardin at the behest of the government] as statements against....Federal Rule of Evidence of Evidence 804(b)(3) or a comparable State rule creates a hearsay exception for a statement which was at the time of its making so far contrary to the declarant's pecuniary or proprietary interest, or so far tended to subject the declarant to civil or criminal liability, or to render invalid a claim by the declarant against another, that a reasonable person in the declarant's position would not have made the statement unless believing it to be true. A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement.

United States v. Butterworth, 511 F.3d 71, 74-75 (1st Cir. 2007) (upholding trial court's admission of grand jury testimony of defendant's girlfriend to cross-examine her after she gave testimony that was inconsistent with....A prior statement is exempt from the federal hearsay rule and is admissible to prove the truth of the matter asserted by the declarant with the prior statement if the prior statement was made under oath in another proceeding and if the prior statement is inconsistent with the declararant's testimony or with the admitted hearsay statement of the declarant.