Quote:
Originally Posted by Fael
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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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Frankly I don't think marijuana use has any real impact on someone's aggression, but drug use is ALWAYS considered in any crime like this. It seems odd that they'd want the jury to ignore it, yet allow the testimony.
I do find the judge to be a complete coward in not throwing the case out. O'Mara is right - the prosecution hasn't provided enough evidence in the SLIGHTEST to allow for a murder 2 conviction, and has already rested its case