Evidence Cases
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Evidence

Court of Appeals of North Carolina
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Lofton — Ambiguous dismissal did not eliminate assault conviction before sentencing

The Court of Appeals read the form and surrounding record as showing an effective dismissal only of the habitual-felon matter, not the jury’s assault verdict. The trial court had expressly held sentencing open, so it retained authority to enter judgment on the assault conviction. Evidence that Lofton took a route requiring him to jump a fence and discarded clothing while officers pursued him supported the flight inst

Court of Appeals of North Carolina
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Johnson — Court rejects evidentiary and trial-management challenges to statutory-rape conviction

The Court of Appeals found no reversible error. The trial judge acted within the broad discretion used to manage voir dire and questioning, including limited leading questions to a minor testifying about sexual abuse. The panel found no plain error in the challenged evidence and no gross impropriety requiring intervention during argument. Because evidence admitted without reversible error could be discussed in closin

Court of Appeals of North Carolina
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Howze — Secondary DNA comparison did not require a new warrant after lawful seizure

The Court of Appeals upheld denial of suppression. Evidence in plain view could be seized where officers were lawfully present and its evidentiary significance was immediately apparent in the violent-crime investigation then underway. Relying on North Carolina precedent involving later comparison of lawfully obtained genetic material, the panel also held that secondary DNA analysis imposed no new physical intrusion a

Wyoming Supreme Court
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Marler v. State — Wyoming Supreme Court Affirms Sexual Abuse Convictions, Upholds Broad Rule 404(b) Admission of Grooming and Discipline Evidence

The Wyoming Supreme Court affirmed Steven Randall Marler’s convictions on eight counts of sexual abuse and six counts of battery against children in his care, holding that the district court properly admitted broad Rule 404(b) “other acts” evidence of grooming rituals and a fear-based disciplinary regimen, that a victim’s collateral lie to a jail guard was excludable without violating the Confrontation Clause, that a rule-of-completeness claim was waived by failure to make an offer of proof, and that brief prosecutorial questioning about a victim’s father’s suicide did not constitute plain-error misconduct.

Court of Appeals of Utah
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State v. Canal-Medina — Utah Rule 404(c) Requires No Similarity Between Prior Child Molestation Acts and Charged Offense

The Utah Court of Appeals affirmed a conviction for aggravated sexual abuse of a child, holding that Utah Rule of Evidence 404(c) requires no similarity between prior child molestation acts and the charged offense for propensity evidence to be admissible, and that trial counsel was not ineffective for retaining a juror whose troubling statements during voir dire were followed by an audible chuckle and an express affirmation of the presumption of innocence.

Massachusetts Appeals Court
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Commonwealth v. Figueroa — Excessive Prior Bad Act Evidence Vacates Child Sexual Abuse Convictions

The Massachusetts Appeals Court vacated all judgments and set aside all verdicts in a child sexual abuse prosecution, holding that the trial judge abused her discretion by allowing prior bad act testimony covering forty-two transcript pages to overwhelm the twenty-six pages of testimony on the charged conduct. The court stressed that trial judges have an independent duty to control the volume of prior bad act evidence and that limiting instructions cannot cure the prejudice when such evidence is so voluminous as to invite a propensity inference in a credibility-dependent case.

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