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Evidence Spring 2024

Sherrod v. Berry

The textbook mentions Sherrod v. Berry to illustrate a narrow point about relevance and hindsight. But this case is important to read in full for three additional reasons, even though it is a painful case about a police shooting of an unarmed Black man. 

  • First, the contrast between the majority and dissenting opinions illustrates how much discretion judges have when making relevance decisions under Rules 401 & 402.
  • Second, the case illustrate how the rule for relevance and Rule 403 interact with one another.
  • Third, the case provides a review of the requirements for objections and the consequences for failing to comply with those requirements.