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| | Concurring Opinion by Albright, J., State of WV v. Taylor, No. 31405 |
 | | Although Rules 401 and 402 of the West Virginia Rules of Evidence strongly encourage admission of as much evidence as possible, Rule 403 of the West Virginia Rules of Evidence restricts this liberal policy by requiring a balancing of interests to determine whether logically relevant is legally relevant evidence. |
 | | Specifically, Rule 403 provides that although relevant, evidence may nevertheless be excluded when the danger of unfair prejudice, confusion, or undue delay is disproportionate to the value of the evidence. |
 | | In reviewing the record in this case, I have carefully examined the motion for the introduction of the Rule 404(b) evidence; the transcript of the hearing on the motion; including the oral argument of the parties, the findings of the trial court made from the bench, and the circuit court's ruling on this evidentiary motion. |
| www.state.wv.us /wvsca/docs/Spring04/31405c.htm (1159 words) |
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