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Daniel@everydayevidence.og

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Use of the term "robbery" implicates both 403 and 701

A recent published opinion from the Fourth Circuit upheld the trial court when it allowed witnesses to testify using the term "robbery." The defense sought in limine to limit the use of the term because it was highly prejudicial plus a lay person did not have the proper knowledge to use that term. The Fourth Circuit held that the witnesses could use that term because they were describing a charge to which they pled guilty to. Plus, the trial judge gave a jury instruction limiting inferences from the word:


18-4453

United States v. Taylor, No. 18-4414, 2019 WL 5700359 (4th Cir. Nov. 5, 2019)