for the defense for the defense - Voice For The Defense Online
for the defense for the defense - Voice For The Defense Online
for the defense for the defense - Voice For The Defense Online
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Although relevant, evidence may be excluded if its probative value is substantially outweighed by <strong>the</strong><br />
danger of unfair prejudice, confusion of <strong>the</strong> issues, or misleading <strong>the</strong> jury, or by considerations of undue delay,<br />
or needless presentation of cumulative evidence.<br />
Rule 404(b), Texas Rules of Evidence states as follows:<br />
(b) O<strong>the</strong>r crimes, wrongs or acts. Evidence of o<strong>the</strong>r crimes, wrongs, or acts is not admissible to prove <strong>the</strong> character<br />
of a person in order to show that he acted in con<strong>for</strong>mity <strong>the</strong>rewith. It may, however, be admissible<br />
<strong>for</strong> o<strong>the</strong>r purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or<br />
absence of mistake or accident, provided, upon timely request by <strong>the</strong> accused, reasonable notice is given<br />
in advance of trial of intent to introduce in <strong>the</strong> State’s case in chief such evidence o<strong>the</strong>r than that arising<br />
in <strong>the</strong> same transaction.<br />
II.<br />
<strong>The</strong> State of Texas is seeking <strong>the</strong> introduction of extraneous offenses. Such evidence may be admissible where it<br />
“makes more or less probable” an evidentiary fact that leads to an element or “make more or less probable” defensive<br />
evidence that undermines (or negates) an elemental fact. (Rule 401 and 402 T.R.E.).<br />
Even if evidence is deemed relevant, such is still not admissible unless its probative value is substantially outweighed<br />
by its danger of unfair prejudice or propensity to confuse, delay, mislead or cumulate. (Rule 403 T.R.E.).<br />
III.<br />
<strong>The</strong> Defendant objects to <strong>the</strong> admission of such extraneous offense evidence under: Rules 401, 402, and 403(b)<br />
T.R.E. and requests <strong>the</strong> State to prove such evidence has relevance o<strong>the</strong>r than proving character of person to show he<br />
acted in con<strong>for</strong>mance with <strong>the</strong> conduct alleged.<br />
IV.<br />
If <strong>the</strong> Court overrules <strong>the</strong> objection in paragraph III above, <strong>the</strong> Defendant hereby requests that <strong>the</strong> Court make<br />
findings of fact and conclusions of law supporting its determination that <strong>the</strong> evidence (1) establishes an elemental fact,<br />
(2) establishes an evidentiary fact that inferentially leads to an elemental fact, (3) rebuts a defensive <strong>the</strong>ory, or (4) has<br />
some o<strong>the</strong>r logical relevance.<br />
V.<br />
Fur<strong>the</strong>r, <strong>the</strong> Defendant requests that <strong>the</strong> Court properly instruct <strong>the</strong> jury to confine and limit its consideration of<br />
such evidence to <strong>the</strong> purpose articulated by <strong>the</strong> State.<br />
VI.<br />
Still fur<strong>the</strong>r, <strong>the</strong> Defendant would also, due to <strong>the</strong> Court admitting such evidence, object because of <strong>the</strong> unfair<br />
prej u dice, confusion, misleading nature, delay and/or accumulation resulting from this evidence (Rule 403 T.R.E.). Additionally,<br />
<strong>the</strong> Defendant requests <strong>the</strong> Court make findings of fact and conclusions of law with regard to this evidence<br />
causing unfair prejudice, confusing, misleading, delay and/or accumulation.<br />
AUTHORITY<br />
Montgomery v. State, 810 S.W.2d 372 (Tex.Crim.App. 1991).<br />
WHEREFORE, PREMISES CONSIDERED, ________________ prays that <strong>the</strong> State be ordered to provide said discovery<br />
relating to witnesses in this case as requested in this motion.<br />
Attorney <strong>for</strong> _____________________