People v. Mitchell

Garry Mitchell was convicted of second-degree murder.

Evidence was admitted over objection that, while awaiting trial in this case, Mitchell made sexual advances to a cellmate and related to him prior homosexual experiences in prison.

The people contend that the evidence was admissible

i) to rebut the defense that Mitchell was himself the victim of a homosexual assault by the person who was killed;

ii) to impeach Mitchell’s testimony that he had not made homosexual advances to other persons; and

iii) to show Mitchell’s propensities and character as a homosexual.

The Court of Appeals, in affirming…