The plaintiffs are Peeved Parents. The defendant is David Defendant. This civil action is for the wrongful death of Vila Victim, the late daughter of plaintiffs Peeved Parents.
David Defendant claims that Vila V attacked first and that DD killed in self-defense.
Plaintiffs Peeved Parents put on their case and rest.
DD then testifies (without objection) that VV attacked him after he, DD, put his right hand in the inside left pocket of his suit coat.
DD then offers to have W-15 testify that Vila V had been an undercover operative for the CIA, that Vila V had been trained in hand-to-hand combat, and that Vila V had been trained to attack immediately when a potential enemy reached for a revolver. Furthermore, if allowed to do so, W-15 will testify that CIA undercover operatives are trained to see the movement of another person's hand into an interior pocket on the opposite side of the body as a possible sign that the other person is reaching for a concealed weapon such as a revolver.
The trial court overrules DD's character evidence objection. Please explain the trial court's theory.
Read FRE 406. Read the Advisory Committee Note.
Read United States v. Levin*