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Posts tagged "propensity"

Conviction Affirmed Despite Use of Evidence of Other Crimes

Generally, evidence of other crimes or bad acts is not admissible in a criminal trial in Tennessee when its only purpose would be to prove conforming conduct (under the reasoning that a jury should consider only the offense charged and not other bad things the accused may have done). However, it may admissible if relevant for other reasons ... such as to establish motive, a common scheme or plan, identity, or absence of mistake or accident. Upon request by the objecting party, a trial court should hold a jury out hearing to determine the admissibility of the evidence in question. In the recent case of State v. Grimes, W2014-00786-CCA-R3-CD (Tenn.Crim.App. 6-26-2015), the Tennessee Court of Criminal Appeals, in a split decision, affirmed a conviction for aggravated sexual battery despite the introduction of evidence of other crimes or bad acts not charged in the indictment and which occurred outside the jurisdiction of the trial court.

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