Defendant’s character evidence is admissible as relevant to defense involving state of mind

EVIDENCE United States v. Yarbrough, No. 06-5229, ___ F.3d ___ (10th Cir. Jun 3, 2008)(N.D. Oklahoma). Appeal of convictions for obstructing an official proceeding, conspiring to obstruct an official proceeding, and providing unlawful notice of search or seizure warrant in violation of 18 U.S.C. §§ 1512(c)(2), 1512(k), and 2232(c). HELD: District court abused its discretion by not admitting defendant’s proffered character evidence. Under Rules 404(a)(1) and 405(a) of the Federal Rules of Evidence, defendant’s character evidence is admissible in cases where sole issue for jury is whether defendant undertook his undisputed acts with prohibited state of mind. Because district court’s error deprived defendant of important evidence relevant to sharply controverted question central to his defense (i.e., state of mind), defendant’s substantial rights were affected and he is entitled to new trial. Read the opinion here.