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Evidence Fall 2022

Commonwealth v. Schirmer

2014 WL 10752263 (Sup. Ct. Pa. 2013)

The defendant in this case was charged with killing his second wife, and has sought to exclude evidence about the death of his first wife, and the death of his lover’s husband.  The court admits the evidence under 404(b) and the decision provides (a) some great examples of 404(b) rationales; and (b) a good illustration of the relationship of Rules 401 & 403 to the ban on propensity and 404(b) evidence.