Collateral crimes and acts: a comparison of the federal rules and alabama law, 35 alalrev 241 (1984) c gamble, mcelroy’s alabama evidence § 6901(13) (4th ed 1991) advisory committee's notes to amendment to. This is precisely why evidence of collateral bad acts is not allowed in a criminal trial the rule against allowing this type of evidence is meant to protect the defendant's right to a fair trial by preventing convictions based on the jury's belief that the defendant is a 'bad' person or one prone to commit criminal acts, the decision states.
Alabama code sections on the collateral source rule the leading treatise on the law of evidence in alabama 87 describes the collateral source rule as being analogous to the rule of evidence 88 that any indication that a defendant carries liability insurance is not admissible. Pattern & practice evidence clinton c carter beasley, allen, crow, methvin, portis & miles, p c of mcelroy's alabama evidence, has been cited in numerous alabama proof of collateral acts in a fraud suit is often dependent upon access to other clients or.
The history of alabama's collateral source rule a early adoption of the rule the collateral source rule was first articulated in its modern form by the alabama supreme court in long v kansas city, memphis & birmingham railroad co l4 in long, the court explained that: if a negligently or intentionally burns b's house, and b. Evidentiary use in criminal cases of collateral crimes and acts: a comparison of the federal rules and alabama law alabama law review, vol 35, no 2, p 241, 1984 49 pages posted: 3 may 2011.
Admission of evidence of a person’s prior acts offered to prove that the person is of a certain character and acted in keeping with that character on a particular occasion if these collateral.
This rule would have no effect upon that body of alabama law allowing the admission, under appropriate circumstances, of evidence of collateral difficulties between the victim and the accused see, eg, walker v state, 523 so2d 528 (alacrimapp1988) akers v state, 399 so2d 929 (alacrimapp1981.
Alabama rules of evidence had been birthed from statutes, cases, and court promulgated rules the adoption of the proposed rules of alabama will result in the entering of the maturation process of alabama law of evidence hopefully, this article will be of assistance to the busy practitioner in embarking upon the practical use of these new tools iii.
Before her trial, lawrence filed a request pursuant to rule 404(b), ala r evid, for notice of evidence of other crimes, wrongs, or acts the prosecutor intended to introduce at trial rule 404(b) provides: evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith.
Rule of evidence alarevid 404(b), provides for: 1) the exclusion of collateral acts offered to show character – good or bad --, and 2) provides exceptions, such as where a collateral act of the defendant is offered to show motive, intent or plan.