In Defendant’s trial, the trial court admitted testimony of three boys who each made similar allegations that Defendant attempted to engage them in a sexual encounter. Defendant objected to the evidence as improper character evidence. State argued that the evidence proved Defendant's intent. Defendant argued that he had not put his intent at issue. The Court found that when pleading not guilty, Defendant puts all elements at issue, including intent. The objection was overruled and Defendant appealed.
The Court of appeals affirmed the trial court finding that the before admitting character evidence, the trial court must complete three step evaluation of the evidence: (1) the evidence must have a non-character purpose (in this place intent); (2) it must be relevant; and (3) its probative value must outweigh the prejudicial effect. The Court found that in this matter the evidence was relevant and admissible and the trial court did not err in so finding.
Concurrence: The admission of the evidence to prove intent should not solely be based on the plea of not guilty. In this case, Defendant claimed that the primary victim made up the entire allegation. However, the testimony in question was offered to support the testimony of the victim and this is additionally grounds for its admittance.
Full Decision available at http://www.utcourts.gov/opinions/appopin/verde021110.pdf
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