Skip to main content
· 3/19/2013

Hope's Windows, Inc. v. McClain

Citations

  • 394 S.W.3d 478
  • 2013 WL 1110874
  • 2013 Mo. App. LEXIS 342

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that need for extraneous offense evidence is greatest when the evidence supported an element of a “hotly contested issue”
  • holding that, before trial court may admit evidence pursuant to section 2, it must still conduct balancing test under Rule 403 and may exclude evidence if its probative value is outweighed by danger of unfair prejudice
  • noting that one federal court concluded that Federal Rule 413 is constitutional if Rule 403 protections remain in effect
  • noting that section 2(b) allows admission of evidence that defendant has committed certain sexual .offenses against nonvictims of charged offense
  • noting that section 2(b) allows admission of evidence that defendant has committed certain sexual offenses against children who are not complainants of charged offense
  • noting that extraneous offense was “more repugnant and inflammatory than the offense alleged against [the complainant],” but still holding that trial court did not abuse its discretion by ruling that Rule 403 was not violated

Source: CourtListener parenthetical corpus (CC0).

Judges: Hardwick, Mitchell, Newton

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.