Evidence at issue: Defendant (charged with criminal sexual conduct against his 10 yr old niece) wanted to bring in evidence of the Defendant’s own recent immigration status and work permit. His theory was that his newfound work permit had created friction in the family (jealousy perhaps) and caused the 10 yr old to make the abuse allegation against him. Defense did not make an offer of proof to support this theory. HELD: Evidence of the defendant’s immigration status was properly excluded as its connection to the crime was “too attenuated to outweigh its potential for prejudice.” (Feb. 27, 2023).
National Immigrant Women's Advocacy Project