November 19, 2013
- 110 Criminal Law
- 110XVII Evidence
- 110XVII(D) Facts in Issue and Relevance
- 110k338 Relevancy in General
- 110k338(7) k. Evidence Calculated to Create Prejudice Against or Sympathy for Accused.
Testimony from county animal control officer, that defendant had claimed ownership of nine pit bulls recovered from disputed residence that was known for drugs, guns, and violence, and was nicknamed “Murder Ave.,” and claimed to live there, was probative of defendant’s control over that residence and not unfairly prejudicial, in defendant’s trial on charges of conspiring to distribute drugs and of being a felon in possession of firearm, even if that evidence was suggestive of dog fighting.
U.S. v. Moore, 641 F.3d 812 (7th Cir. 2011)