403
Meh I agree with the judge. That Martin smoked weed is marginally probative (if at all) to the question of whether Zim had cause to reasonably fear for his life. In contrast, the information is highly and unfairly prejudicial to Martin's case, as it has a heavy dose of character implications.
Although, most jurists probably already assume Martin smokes weed, as he is black, and that is a completely safe assumption. So, if i was the judge I would throw it out not based on a typical Rule 403 analysis, but because such evidence is needlessly cumulative and a waste of time!
Dolic
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