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Criminal Law : Prior Convictions – Propensity Evidence – Balancing Test

Stephanie Maniscalco//September 7, 2017

Criminal Law : Prior Convictions – Propensity Evidence – Balancing Test

Stephanie Maniscalco//September 7, 2017

Where a defendant in a statutory sodomy case challenged the admission of his prior convictions as propensity evidence, the trial court is not required to conduct any balancing test of probative value versus prejudice, and the prior convictions were logically relevant, so the court did not abuse its discretion, and the judgment is affirmed because the defendant also failed to show an ex post facto violation and he waived a claim of error regarding cross examination.

Judgment is affirmed.

State v. Jones (MLW No. 70984/Case No. ED104796 – 15 pages) (Missouri Court of Appeals, Eastern District, Odenwald, J.) Appealed from circuit court, St. Louis City, Edwards, J. (Richard R. Lozano for appellant) (Joshua D. Hawley and Richard A. Starnes for respondent).

Read the full text of this opinion. (PDF)

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