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"While it is certainly true that otherwise probative
evidence cannot (and should not) be excluded merely because it is
unpleasant or may excite the jury's emotions, the extent of its
emotional appeal surely affects the balance between probative value
and prejudicial effect when other evidence has already proven the
point. This is precisely the type of evidence that Rule 403 was
designed to guard against."
March 06, 2006 at 12:00 AM
1 minute read
Updated on March 06, 2006
The original version of this story was published on Texas Lawyer
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