· 2/14/1979
Joel Reyes v. Missouri Pacific Railroad Company
Citations
- 589 F.2d 791
- 1979 U.S. App. LEXIS 16937
- 3 Fed. R. Serv. 864
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- reviewing Fed. R. Evid. 103 and concluding plaintiff does not waive or invite error by introducing evidence after trial court has overruled an evidentiary objection on that evidence
- refraining from identifying the “precise quantum of proof necessary to” transform a general disposition into a habit, the Fifth Circuit ruled four prior convictions for public intoxication in three and one-half years were too irregular to constitute admissible habit evidence
- defendant's four prior misdemeanor convictions for public intoxication in three-and-one-half year period were of insufficient regularity to constitute habit evidence
- “This general rule of exclusion [in Rule 404], applicable to both civil and criminal proceedings, is based upon the assumption that such evidence is of slight probative value yet very prejudicial.”
- four convictions for public intoxication in three and one-half years insufficient to prove habit
- evidence of appellant’s prior misdemeanor convictions for public intoxication for the purpose of showing that he had a character trait of drinking to excess and that he acted in conformity with his character on the night in question, was impermissible under Rule 404
Source: CourtListener parenthetical corpus (CC0).
Judges: Higginbotham, Hill, Rubin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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