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Problems 5 - 7

Problems 5 - 7. Problem 5. Problem 5. Holy Cow. It’s 5 Pounds of Cocaine. Dan. I borrowed the car from my neighbor. I didn’t know what was in the trunk. Sam’s Testimony. Elements of Charge There was stuff in the trunk Stuff was cocaine D knew there was stuff in trunk

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Problems 5 - 7

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  1. Problems 5 - 7

  2. Problem 5 Problem 5

  3. Holy Cow. It’s 5 Pounds of Cocaine Dan I borrowed the car from my neighbor. I didn’t know what was in the trunk.

  4. Sam’s Testimony • Elements of Charge • There was stuff in the trunk • Stuff was cocaine • D knew there was stuff in trunk • D knew stuff was cocaine • D intended to sell the cocaine There was cocaine in the trunk 3 years ago, Dan sold me an ounce of cocaine. Sam (3x Convicted Perjurer Looking for a Deal)

  5. Coke in Trunk Inference Forbidden Character Propensity Inference? Yes. Possession then to DDT to possession now. Folks who sell coke are SML to be drug dealer types (DDT) DDT’s are SML to possess coke 3 yrs ago, Dan sold me coke There was coke in trunk D is a DDT

  6. Knew There Was Stuff in Trunk Inference Forbidden Character Propensity Inference? Yes. And it’s also nonsense Folks who sell coke are SML to be DDTs DDT’s are SML to look in trunks 3 yrs ago, Dan sold me coke D knew there was stuff in trunk D is a DDT

  7. Knew the Stuff Was Coke Inference Forbidden Character Propensity Inference? No. Inference from knowledge. Folks who know what coke looks like are SML to recognize it if they see it in a trunk Folks who sell coke are SML to know what coke looks like 3 yrs ago, Dan sold me coke D knew what coke looked like D knew the stuff in trunk was coke

  8. Intent Inference Folks who did X when they previously had the means are SML to intend to do X if they again have the means. Connecting Fact Dan possessed the coke this time Inference from PBA to present intent -- not to conduct Forbidden Character Propensity Inference? No D intended to sell the coke 3 yrs ago, Dan sold me coke

  9. 403 Balance for “He sold me coke 3 years ago.” What could defense counsel do to keep the evidence out anyway? Probative Value Prejudicial Effects

  10. Problem 6 Problem 6 on Document Camera

  11. Fill in the Blanks PBA Folks who _____ are SML to _____________ Bad Act FOC Intermediate Fact

  12. Problem 5 Problem 7

  13. Brenda Barfly For the past 5 years, Dennis would always come into Joe’s right after work and drink 4 scotches before driving home Habit or Character Brenda

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