Defendant was charged with the murder of his wife

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Defendant was charged with the murder of his wife, even though neither the victim’s body nor a murder weapon was ever recovered, and there were no witnesses to the crime. At trial, prosecution wants to introduce the following evidence:

1. A computer disk that had been found in defendant’s desk. On that disk was a file named “murder,” which appeared to be a 26-step guide to carrying out a murder.
2. A witness who will testify that defendant purchased a .25 caliber pistol 2 days before the victim disappeared.
3. A witness who will testify that defendant told him that the best way to kill someone else was to shoot him behind the ear.
4. A witness who will testify that defendant asked him how he could remove bloodstains from concrete.
5. A witness who will testify that defendant once told her that she should not “be surprised if 6 months down the road . . . you hear that Shirley is dead, . . . because I am going to kill her.”
6. A witness who will testify that defendant told her that there might be bodies hidden in mine shafts in Pennsylvania, and that “if he wanted to get rid of [his wife], nobody would ever see her again.”

Defense objects to this evidence, claiming that it is irrelevant and more prejudicial than probative.

Discuss defense’s objections. How do you think a judge would likely rule for each objection? Apply the following rules and cases to the fact pattern. Include your analysis, reasoning, and conclusions.

– FRE Rule 401

– FRE Rule 402

– FRE Rule 403

Old Chief v. United States, 519 U.S. 172 (1997)

People v. Collins, 68 Cal. 2d 319 (1968).

You do NOT need to write an IRAC essay for this assignment.

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