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Evidence Fall 2022
OPTIONAL: Court order in the James Eagan Holmes case
James Holmes was convicted on multiple counts of murder for a shooting in a movie theater in Aurora, Colorado in 2011.
- In this order, the court is ruling on the defendant’s motion to exclude the testimony of one of the police officers who arrived on the scene of the shooting.
- This order is useful for understanding the relationship between relevance (under Rules 401 and 402) and Rule 403, and for understanding the way judges can weigh probative value against the risk of unfair prejudice.
To help you efficiently skim the order, if you chose to read it, please note:
- Pages 1-10 set out the facts.
- Pages 11-14 address the Fifth Amendment, which we will not be covering in our course
- Pages 15-19 cover the evidentiary argument (And note that although the court is deciding the case under the Colorado Rules of Evidence, they are the same as the federal rules.)
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