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Public defender urges reversal, says trial court admitted prior-bad-acts evidence without clear showing
Summary
Mitch Rains, a public defender with the public defender's office representing Jonathan Duncan, told an appeals panel that the trial court improperly admitted evidence of prior bad acts without proof meeting the clear-and-convincing standard under Tennessee Rule of Evidence 404(b).
Mitch Rains, a public defender with the public defender's office representing Jonathan Duncan, told an appeals panel that the trial court improperly allowed evidence of prior bad acts to reach the jury and that the record does not show the required clear-and-convincing proof for admission under Rule 404(b).
“The prior bad act ... would be admissible at trial,” Rains said of the trial court’s pretrial statements, but he told the court the hearing produced no testimony, exhibits or videos to satisfy the clear-and-convincing standard and that, because defense counsel did not renew a pretrial challenge, review on appeal is limited to plain error. “When you look at the evidence that was introduced at trial ... I do not believe that…
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