Donald Samuel. (Photo: John Disney/ALM) 'Rule 403 Has Some Real Substance': Judge's Admission of Rap Video Leads to Reversal
"Evidence is being abused when the judges don't put their foot down and say, 'this is too prejudicial,'" said Donald F. Samuel of Garland, Samuel & Loeb in Atlanta. "That's what Rule 403 is designed to do."
March 07, 2024 at 02:58 PM
8 minute read
What You Need to Know
- Supreme Court of Georgia ruling reveals evidentiary Rule 403's ability to curtail 'use of unduly prejudicial evidence.'
- Houston County Superior Court judge's admission of prejudicial rap video with 'little, if any, probative value' into evidence violated Rule 403, per ruling.
- Justices' reversal of appellant's murder conviction also has implications for civil litigators, per prevailing counsel.
The Supreme Court of Georgia has reversed a murder conviction linked to a rap video after deciding prosecutors' reliance on the evidence involved a judicial abuse of discretion in violation of evidentiary Rule 403.
As prevailing appellant counsel now seek their client's release from prison, they're breaking down why the high court ruling also holds implications for civil litigators.
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