Is there any case law where evidence of historical sexual abuse has been excluded under Rule 403 of the Criminal Code?

MultiRegion, United States of America

The following excerpt is from United States v. Cox, 963 F.3d 915 (9th Cir. 2020):

44 See Romero , 282 F.3d at 688 (observing that the third prong of our Rule 404(b) test is a "low threshold").

45 United States v. Banks , 514 F.3d 959, 976 (9th Cir. 2008) (internal quotation marks omitted).

46 United States v. Flores-Blanco , 623 F.3d 912, 919 n.3 (9th Cir. 2010).

47 See United States v. LeMay , 260 F.3d 1018, 102730 (9th Cir. 2001) (concluding that evidence of defendants prior acts of child molestation, admitted under Federal Rule of Evidence 414, did not need to be excluded under Rule 403 ).

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