ziggy
Active Member
Well, the part of the opinion from case law JSS read, the judge may still use discretion for whether or not 1) the evidence is relevant and 2) whether the prejudicial effect outweighs the probative value. And she did. Because Juan made a good point - the purpose was not to assassinate character, but it was used for the alternative purposes of supporting Jodi's own answer that she has a problem with being rude and overbearing, and that the state should be allowed to show the other side of Jodi as opposed to the always passive and shy Jodi, AND that this consistency from close family members was used in part to form Dr. DeM's opinions.