Sunday, September 16th, 2007...7:02 am
DAlaska: More Kott Evidentiary Rulings
Court notes difference between FRE 403 and ARE 403
Judge Sedwick continues to publish his evidentiary rulings in U. S. v. Kott, 3:07-cr-056 JWS (D.Alaska).
In the first, he addresses the government’s motion regarding evidence of VECO’s campaign contributions and payments for candidate pollings; evidence how other legislators voted on PPT; and the scope of cross-examination of Bill Allen and Rick Smith. U. S. v. Kott, 2007 WL 2670028 (D.Alaska Sept. 10, 2007).
In the second, Judge Sedwick addresses Kott’s evidentiary motion about the Corrupt Bastards’ Club and the associated “CBC” hats. He notes (fn. 1) that FRE 403 requires exclusion of evidence only if the danger of unfair prejudice, etc., “substantial outweighs” its probative value, while ARE 403 lacks the modifier “substantial.” U. S. v. Kott, 2007 WL 2670032 (D.Alaska Sept. 10, 2007).
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