Defendant was charged with the murder of his wife, even though neither the victim’s body nor a murder weapon was ever recovered, and there were no witnesses to the crime. At trial, prosecution wants to introduce the following evidence:

1. A computer disk that had been found in defendant’s desk. On that disk was a file named “murder,” which appeared to be a 26-step guide to carrying out a murder.
2. A witness who will testify that defendant purchased a .25 caliber pistol 2 days before the victim disappeared.
3. A witness who will testify that defendant told him that the best way to kill someone else was to shoot him behind the ear.
4. A witness who will testify that defendant asked him how he could remove bloodstains from concrete.
5. A witness who will testify that defendant once told her that she should not “be surprised if 6 months down the road . . . you hear that Shirley is dead, . . . because I am going to kill her.”
6. A witness who will testify that defendant told her that there might be bodies hidden in mine shafts in Pennsylvania, and that “if he wanted to get rid of [his wife], nobody would ever see her again.”

Defense objects to this evidence, claiming that it is irrelevant and more prejudicial than probative.

Discuss defense’s objections. How do you think a judge would likely rule for each objection? Apply the following rules and cases to the fact pattern. Include your analysis, reasoning, and conclusions.

– FRE Rule 401

– FRE Rule 402

– FRE Rule 403

– Old Chief v. United States, 519 U.S. 172 (1997)

– People v. Collins, 68 Cal. 2d 319 (1968).

You do NOT need to write an IRAC essay for this assignment.

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