Legal Opinion

State v. Slocum

Court of Appeals of Washington

Decided September 4, 2014No. 31237-2-IIIPublishedCited by 17 opinions

1Opinion of the CourtSiddoway, C.J.

¶1 Evidence of a criminal defendant’s prior bad acts “is objectionable not because it has no appreciable probative value but because it has too much.” 1A John Henry Wigmore, Evidence in Trials at Common Law § 58.2, at 1212 (Peter Tillers rev. ed. 1983). It presents a danger that the defendant will be found guilty not on the strength of evidence supporting the current charge, but because of the jury’s overreliance on past acts as evidence of his character and propensities. This potential for prejudice from admitting prior acts is “ ‘at its highest’ ” in sex offense cases. State v. Gresham, 173…

2Cases cited17 opinions

  1. Michelson v. United StatesSupreme Court of the United States · 1949
  2. State v. SublettWashington Supreme Court · 2012
  3. State v. GreshamWashington Supreme Court · 2012
  4. State v. LoughWashington Supreme Court · 1995
  5. State v. SaltarelliWashington Supreme Court · 1982

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3Cited by17 opinions

  1. State v. CrossgunsWashington Supreme Court · 2022
  2. State v. McAninchCourt of Appeals of Washington · 2015
  3. Pamela J. Bridgen v. Windermere Real Estate Co., Res.Court of Appeals of Washington · 2019
  4. State Of Washington v. Gary Michael RichardsCourt of Appeals of Washington · 2019
  5. State Of Washington v. James Stanton Brant, Jr.Court of Appeals of Washington · 2017

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