motive exception in District of Columbia

2013Id. at 178 (alterations in original) (quotation marks omitted); see also Hill v. United States, 600 A.2d 58, 62 (D.C.1991) (“The key to admissibility under the motive exception ... is the fact that the defendant’s prior criminal conduct was directed toward the same victim.”).

2013That is, the “motive exception ... allow[s] evidence of past hostility between the defendant and the victim to be admitted as proof of a motive to commit the particular hostile act against the same victim for which the defendant is on trial.” Id.; see also Harrison, 80 A.3d at 177 n. 14 (“Usually, the key to admissibility under the motive exception ... is the fact that the defendant’s prior ... conduct was directed toward the same victim.”) (quoting Hill, 600 A.2d at 62 (internal quotation marks omitted)).

2013The trial court allowed the government to introduce, under the motive exception, evidence by “three other female students at the high school that Harrison had made sexually suggestive comments to them prior to his alleged sexual assault on [the victim].” Id. at 171 .

2013Id. at 178 (alterations in original) (quotation marks omitted); see also Hill v. United States, 600 A.2d 58, 62 (D.C.1991) (“The key to admissibility under the motive exception ... is the fact that the defendant’s prior criminal conduct was directed toward the same victim.”).

2005Prior hostility between a couple, married or not, is admissible under the “motive” exception of Drew . 1 Mitchell v. United States, 629 A.2d 10 , 13 & n. 6 (D.C.1993) (for purposes of the motive exception under Drew , “a significant relationship can be the functional equivalent of a marriage”) (citing Rink v. United States, 388 A.2d 52 , 56 n. 4 (D.C.1978)); see also (Arnold) Hill v. United States, 600 A.2d 58, 61 (D.C.1991) (holding prior assaultive acts by the accused against the murder victim equally relevant as' in marital homicides, where the accused and decedent had a “sufficiently close

2005“Where one spouse or partner in a relationship commits a crime against the other, ‘any fact or circumstance relating to ill-feeling; ill-treatment; jealousy; prior assaults; personal violence; threats; or any similar conduct or attitude by [the accused] are relevant to show motive and malice in such crimes.’ ” Mitchell, 629 A.2d at 13 (quoting Gezmu v. United States, 375 A.2d 520, 522 (D.C.1977)) (in turn quoting Romero v. People, 170 Colo. 234 , 460 P.2d 784, 788 (1969) (emphasis in original; footnote omitted)); Garibay v. United States, 634 A.2d 946, 948 (D.C.1993) (citation omitted) (holdin

2013See McCoy v. United States, 760 A.2d 164 , 185 n. 28 & n. 29 (D.C.2000). 79 .

2013See Ford v. United States, 647 A.2d 1181 , 1184 n. 5 (D.C.1994) ("[Ejvidence of each joined offense would be admissible in a separate trial of the other” when the evidence "reflect[s] consciousness of guilt about the other charges.”); Hazel v. United States, 599 A.2d 38, 42 (D.C.1991) (evidence of the other crimes properly admitted under the motive exception to Drew). 78 .

2013See Ford v. United States, 647 A.2d 1181 , 1184 n. 5 (D.C.1994) ("[Ejvidence of each joined offense would be admissible in a separate trial of the other” when the evidence "reflect[s] consciousness of guilt about the other charges.”); Hazel v. United States, 599 A.2d 38, 42 (D.C.1991) (evidence of the other crimes properly admitted under the motive exception to Drew). 78 .

2013That is, the “motive exception ... allow[s] evidence of past hostility between the defendant and the victim to be admitted as proof of a motive to commit the particular hostile act against the same victim for which the defendant is on trial.” Id.; see also Harrison, 80 A.3d at 177 n. 14 (“Usually, the key to admissibility under the motive exception ... is the fact that the defendant’s prior ... conduct was directed toward the same victim.”) (quoting Hill, 600 A.2d at 62 (internal quotation marks omitted)).

2011See, e.g., Bacchus v. United States, 970 A.2d 269, 275-76 (D.C.2009) (evidence of prior instances of domestic violence held admissible to show appellant's motive for subsequent assault) (citing cases).

2005“Where one spouse or partner in a relationship commits a crime against the other, ‘any fact or circumstance relating to ill-feeling; ill-treatment; jealousy; prior assaults; personal violence; threats; or any similar conduct or attitude by [the accused] are relevant to show motive and malice in such crimes.’ ” Mitchell, 629 A.2d at 13 (quoting Gezmu v. United States, 375 A.2d 520, 522 (D.C.1977)) (in turn quoting Romero v. People, 170 Colo. 234 , 460 P.2d 784, 788 (1969) (emphasis in original; footnote omitted)); Garibay v. United States, 634 A.2d 946, 948 (D.C.1993) (citation omitted) (holdin

2005“Where one spouse or partner in a relationship commits a crime against the other, ‘any fact or circumstance relating to ill-feeling; ill-treatment; jealousy; prior assaults; personal violence; threats; or any similar conduct or attitude by [the accused] are relevant to show motive and malice in such crimes.’ ” Mitchell, 629 A.2d at 13 (quoting Gezmu v. United States, 375 A.2d 520, 522 (D.C.1977)) (in turn quoting Romero v. People, 170 Colo. 234 , 460 P.2d 784, 788 (1969) (emphasis in original; footnote omitted)); Garibay v. United States, 634 A.2d 946, 948 (D.C.1993) (citation omitted) (holdin

2005“Where one spouse or partner in a relationship commits a crime against the other, ‘any fact or circumstance relating to ill-feeling; ill-treatment; jealousy; prior assaults; personal violence; threats; or any similar conduct or attitude by [the accused] are relevant to show motive and malice in such crimes.’ ” Mitchell, 629 A.2d at 13 (quoting Gezmu v. United States, 375 A.2d 520, 522 (D.C.1977)) (in turn quoting Romero v. People, 170 Colo. 234 , 460 P.2d 784, 788 (1969) (emphasis in original; footnote omitted)); Garibay v. United States, 634 A.2d 946, 948 (D.C.1993) (citation omitted) (holdin

2005“Where one spouse or partner in a relationship commits a crime against the other, ‘any fact or circumstance relating to ill-feeling; ill-treatment; jealousy; prior assaults; personal violence; threats; or any similar conduct or attitude by [the accused] are relevant to show motive and malice in such crimes.’ ” Mitchell, 629 A.2d at 13 (quoting Gezmu v. United States, 375 A.2d 520, 522 (D.C.1977)) (in turn quoting Romero v. People, 170 Colo. 234 , 460 P.2d 784, 788 (1969) (emphasis in original; footnote omitted)); Garibay v. United States, 634 A.2d 946, 948 (D.C.1993) (citation omitted) (holdin

2005“Where one spouse or partner in a relationship commits a crime against the other, ‘any fact or circumstance relating to ill-feeling; ill-treatment; jealousy; prior assaults; personal violence; threats; or any similar conduct or attitude by [the accused] are relevant to show motive and malice in such crimes.’ ” Mitchell, 629 A.2d at 13 (quoting Gezmu v. United States, 375 A.2d 520, 522 (D.C.1977)) (in turn quoting Romero v. People, 170 Colo. 234 , 460 P.2d 784, 788 (1969) (emphasis in original; footnote omitted)); Garibay v. United States, 634 A.2d 946, 948 (D.C.1993) (citation omitted) (holdin

2005“Where one spouse or partner in a relationship commits a crime against the other, ‘any fact or circumstance relating to ill-feeling; ill-treatment; jealousy; prior assaults; personal violence; threats; or any similar conduct or attitude by [the accused] are relevant to show motive and malice in such crimes.’ ” Mitchell, 629 A.2d at 13 (quoting Gezmu v. United States, 375 A.2d 520, 522 (D.C.1977)) (in turn quoting Romero v. People, 170 Colo. 234 , 460 P.2d 784, 788 (1969) (emphasis in original; footnote omitted)); Garibay v. United States, 634 A.2d 946, 948 (D.C.1993) (citation omitted) (holdin

1991On appeal he contends that the trial court erred in admitting evidence of a prior attack on Duncan under the motive exception set forth in Drew v. United States, 118 U.S.App.D.C. 11 , 331 F.2d 85 (1964).

1991On appeal he contends that the trial court erred in admitting evidence of a prior attack on Duncan under the motive exception set forth in Drew v. United States, 118 U.S.App.D.C. 11 , 331 F.2d 85 (1964).

1991See Thompson v. United States, 546 A.2d 414, 423 (D.C.1988) 6 (evidence of other crimes to prove intent not admissible “where intent is not controverted in any meaningful sense”).

1987See Graves v. United States, supra, 515 A.2d at 1140 (since appellants’ motives were not an element of the charged offenses of inviting for purposes of prostitution, the motive exception could not properly serve as a basis for admissibility).

1987See Graves v. United States, supra, 515 A.2d at 1140 (since appellants' motives were not an element of the charged offenses of inviting for purposes of prostitution, the motive exception could not properly serve as a basis for admissibility).

1986Cf. United States v. Franklin, 704 F.2d 1183, 1187-88 (10th Cir.) (evidence of previous assault on interracial couple admissible to show motive in prosecution for willfully injuring “any person because of his [or her] race,” 18 U.S.C. § 245 (b), since motive was element of crime), cert. denied, 464 U.S. 845 , 104 S.Ct. 146 , 78 L.Ed.2d 137 (1983).