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.