Cappara v. Schibley

We are confronted in this case with the issue of whether a person’s record of DUI convictions, subsequent in time to an earlier accident, is admissible to prove that person’s state of mind, i.e., malice or conscious disregard for the rights and safety of other persons, at the time of the earlier accident. Because such evidence is not relevant and is highly prejudicial, we affirm the court of appeals. We hold that evidence of a subsequent driving record is not admissible to establish the state of mind of a driver at the time of an accident.

Appellant argues that Schibley’s subsequent driving…