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Reply to "Josh Duggar arrested and in federal custody"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Any criminal defense attorneys here concerned about the prior acts coming in at trial? The court's order on this seemed well reasoned and carefully researched, but I wonder whether it could be grounds for an appeal.[/quote] +1. I wonder if this was potentially risky to bring this in, as they seem to have a lot of evidence without it. [/quote] I honestly don't know the case law on this, much less the federal case law and I'm not a criminal defense attorney, but if it's directly relevant to the crime at hand and is well-documented, then I think it's likely to pass muster. you can't paint the defendant as a criminal/bad person based on acts totally unrelated - like if he had committed theft. It also rebuts his defense of "someone hacked in," but I am sure it would be a point on appeal. Even so, jury verdicts are given tremendous weight on appeal so the inclusion of prior acts would have to be found to be so prejudicial that it outweighed the rest of the evidence. Unlikely if the evidence is as has been described.[/quote]
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