Trial: Evidence: Motions to Suppress: Waiver: Appeal and
Error. The failure to object to evidence at trial, even
though the evidence was the subject of a previous motion to
suppress, waives the objection, and a party will not be heard
to complain of the alleged error on appeal.
Appeal and Error. An objection, based on a specific ground
and properly overruled, does not preserve a question for
appellate review on some other ground not specified at trial.
Rules of Evidence: Other Acts. Whether evidence is admissible
for any proper purpose under the rule governing admissibility
of evidence of other crimes, wrongs, or acts rests within the
discretion of the trial court.
Rules of Evidence: Other Acts: Appeal and Error. It is within
the discretion of the trial court to determine relevancy and
admissibility of evidence of other wrongs or acts under the
balancing rule and the other acts rule, and the trial
court's decision will not be reversed absent an abuse of
Juries: Evidence: Proof. Propensity evidence may lead a jury
to convict, not because the jury is certain the defendant is
guilty of the charged crime, but because it has determined
the defendant is "a bad person who deserves punishment,
" whether or not the crime was proved beyond a
Rules of Evidence: Other Acts: Proof. Under Neb. Evid. R.
404(1), Neb. Rev. Stat. § 27-404(1) (Cum. Supp. 2014),
proof of a person's character is barred only when in
turn, character is used in order to show action in conformity
Rules of Evidence: Other Acts. The State cannot present the
defendant's other acts so that the jury makes the
intermediate inference of the defendant's bad character,
leading to the ultimate inference that the defendant is
Neb. 719] 8. __:__. Evidence of specific instances of conduct
that only incidentally impugns a defendant's character is
not prohibited by Neb. Evid. R. 404, Neb. Rev. Stat. §
27-404 (Cum. Supp. 2014).
__:__. All relevant evidence is subject to the overriding
protection of Neb. Evid. R. 403, Neb. Rev. Stat. §
27-403 (Reissue 2008), including other acts evidence.
Rules of Evidence. Neb. Evid. R. 403, Neb. Rev. Stat. §
27-403 (Reissue 2008), allows the exclusion of evidence if
its probative value is substantially outweighed by the danger
of unfair prejudice, confusion of the issues, or misleading
the jury, or by considerations of undue delay, waste of time,
or needless presentation of cumulative evidence.
Evidence: Words and Phrases. Relevant evidence is that which
has any tendency to make the existence of any fact that is of
consequence to the determination of the action more probable
or less probable than it would be without the evidence.
Evidence. The probative value of evidence involves a
measurement of the degree to which the evidence persuades the
trier of fact that the particular fact exists and the
distance of the fact from the ultimate issue of the case.
Evidence: Words and Phrases. Unfair prejudice means an undue
tendency to suggest a decision based on an improper basis.
__:__. Unfair prejudice speaks to the capacity of some
concededly relevant evidence to lure the fact finder into
declaring guilt on a ground different from proof specific to
the offense charged, commonly on an emotional basis.
Evidence: Intent. If character evidence is admitted for a
proper purpose, then, ipso facto, it is not admitted ...