What is the test for admitting evidence relating to the violation of a pre-trial release order and subsequent re-arrest?

MultiRegion, United States of America

The following excerpt is from U.S. v. Nelson, 15 F.3d 1093 (9th Cir. 1994):

Appellant next argues that the district court abused its discretion by admitting evidence relating to appellant's violation of his pre-trial release order and his subsequent re-arrest. We employ a four step analysis in determining the probative value of flight evidence:

[The degree of probative value] depends on the confidence with which four inferences can be drawn:

(1) from the defendant's behavior to flight;

(2) from flight to consciousness of guilt;

(3) from consciousness of guilt to consciousness of guilt concerning the crime charged; and

(4) from consciousness of guilt concerning the crime charged to actual guilt of the crime charged.

United States v. Felix-Gutierrez, 940 F.2d 1200, 1207 (9th Cir.1991).

A. Violation of Release Order

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