Question
Don and Vince come to blows in a local watering hole known as the Red Dog Saloon. Both suffer serious injuries, although Vince gets the
Don and Vince come to blows in a local watering hole known as the Red Dog Saloon. Both suffer serious injuries, although Vince gets the worst of it: Wineglass in hand, Don takes a wild swing, and the glass shatters as it strikes Vince in the mouth, inflicting lacerations leading to permanent scars on his face. Don is charged with assault and battery. He pleads self-defense. Testimony conflicts as to who struck the first blow, though it appears that Don was seated at the bar enjoying his Chablis when Vince muttered something snide about what "real men" drink. In the trial of Don, the prosecutor calls Coach Jones as a witness during the state's case-in-chief, offering his testimony that Don is "one mean aggressive physical man, quick tempered and prone to violence." Don objects that the proffered testimony is "irrelevant" and "barred by the character rule." During the defense case-in-chief, Don calls Reverend Gram, offering his testimony that Don is "peaceably disposed toward all people, gentle and nonviolent, more likely to run from a fight than to defend himself, and certainly not likely to initiate violence."The prosecutor objects that the proffered testimony is "irrelevant" and "barred by the character rule." What result on these objections and why? If the court lets Reverend Gram testify, can the prosecutor call Coach Jones during the state's casein-rebuttal?
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