June 14, 2010

Review o Criminal case sufficnecy is beyond a reasonable doubt o Civil case sufficinecy is preponderance of evidence o Hypo There is a murder, the time of murder is established by shouting and noises and other evidence at 11 pm. Message on victims answering machine at 11 oclock If the defendant was leaving the message on the machine It makes it less likely that he was the murderer .. Perfect foudnatin to get the message in where he made phone call, and it was his voice and he cant be in two places at one time o What is it offered to prove what attributes have to exist for it to be relevant o Hypo 2 A knife sold at local store near Ds home, was found in bushes in front of victims home where she was killd Prosecution wants to offer this evidence to show that he was murder because the knife was more available to him What has to be true what other foundation > need to know if victim was killed by a knife But would object to the admission of the knife being sold near the D, its like the type A blood thing Make a 403 argument because the probative value does not out weigh the value of the evidence o It is too prejudicial and may lead the jury to think it is significant proof when in fact that the knife is not very helpful