Bridges v. Clark, 59 A.3d 978 (2013)

Citation: Bridges v. Clark, 59 A.3d 978 (2013)
Parent Document: Bridges v. Clark, 59 A.3d 978 (2013)
Jurisdiction: DC (municipal)
Effective Date: 2013-01-24
Original Source: https://www.courtlistener.com/opinion/5146099/bridges-v-clark/ ↗

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Finally, Mr. Clark contends that the affidavit was properly excluded as more prejudicial than probative. See generally Johnson v. United States, 683 A.2d 1087 (D.C.1996) (en banc) (otherwise admissible evidence may be excluded if its probative value is “substantially outweighed” by “danger of unfair prejudice”). Other than to suggest that he might have wished to respond to the affidavit, however, Mr. Clark does not specify in what way the admission of the Love affidavit would have unfairly prejudiced him. Nor is it apparent what unfair prejudice would have occurred. The Love affidavit therefore was not subject to exclusion on grounds of unfair prejudice. Cf. Harris, 834 A.2d at 122 (concluding that admitting police officer’s affidavit, which was signed by prosecutor and submitted as part of search-warrant application, as an adoptive admission of the government would not have “confused the jury so as to justify exclusion of the evidence as substantially more prejudicial than probative”); Warren, 310 U.S.App.D.C. at 9-10, 42 F.3d at 654-55 (concluding that adoptive admission of party opponent should not have been excluded on ground of prejudice, because neither trial court nor objecting party “identified any potential prejudice”). C.

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