Admission of “Other Crimes or Civil Wrongs” Evidence At Trial

Admission of “Other Crimes or Civil Wrongs” Evidence At Trial 

After a late night fight in 2008, Steven Weis was found guilty by jury of two counts of reckless aggravated battery and one count of criminal use of a weapon.  State v. Weis, No. 104,295 2012 WL 2184578 * 2 (June 2012).  On appeal, Weis claimed that the evidence that he slapped his girlfriend before the fight should not have been admitted.  Id. at 5–6.  The admissibility of any and all other crimes and civil wrongs evidence is governed by K.S.A. 60-455.  Generally, passing assertions are not admissible but the Kansas Court of Appeals held to the contrary.  Id. at 5.    

To determine whether the evidence was properly admitted against Weis, pursuant to K.S.A. 60-455, a three part test is applied.  First, the court must determine whether the fact sought to be proven is material or has a legitimate and effective bearing on the case

Second, whether the fact is disputed or at issue in the trial.  Third, whether the evidence presented is relevant to prove the disputed material fact.  Id.

In Weis, the court of appeals first found that the evidence that Weis slapped his girlfriend was “highly disputed.”  Id. at 6.  Second, the court found that the evidence was material, not to the crime charged specifically, but rather to Weis’s claim of self-defense, which is sufficient for a materiality evidence test.  Id.  Finally, the court found that the evidence that Weis slapped his girlfriend was not unfairly prejudicial and was probative: “From the perspective of the State’s eyewitness, it was an integral part of the conflict.”  Id. at 7. 

If you have any questions or concerns regarding evidence admitted at your trial, contact Lindsey Ericskon or Dionne Scherff with Erickson Scherff, LLC at www.ericksonscherff.com for counsel.