Opinion

R.D.H. v. State

  • 775 So. 2d 248
  • 1997 WL 366083
Court
Court of Criminal Appeals of Alabama
Filed
Jul 3, 1997
Status
Published
Author
Long
On the bench
Long, McMillan, Cobb, Baschab, Brown
Cited by
22 cases

holding, on trial for sex crimes, that evidence indicating that the accused was affiliated with the Ku Klux Klan was relevant to explain that the victim and his mother delayed reporting the crimes because of their fear of the accused but inadmissible because the victim and his mother’s fear of the accused could have been show by other, less prejudicial evidence

How later courts described this case

  • holding, on trial for sex crimes, that evidence indicating that the accused was affiliated with the Ku Klux Klan was relevant to explain that the victim and his mother delayed reporting the crimes because of their fear of the accused but inadmissible because the victim and his mother’s fear of the accused could have been show by other, less prejudicial evidence
  • stating that “[o]ne of the specific criterion to be used, in deciding when prejudicial effect substantially outweighs probative value, is whether or not there exist less prejudicial means of proving the same thing”
  • "Evidence of a defendant's affiliation with the Ku Klux Klan, like evidence of a defendant's association with a 'gang,' may properly be considered to be evidence of collateral bad acts."

Written by the judges who cited it.

The opinion

*255

On Application for Rehearing

LONG, Presiding Judge.

APPLICATION FOR REHEARING OVERRULED; RULE 39(k) MOTION DENIED.

McMILLAN, COBB, and BASCHAB, JJ., concur.

BROWN, J., dissents with opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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