Chapter 10 - § 10.11 CHARACTER EVIDENCE

• Jurisdiction: Colorado

§ 10.11 CHARACTER EVIDENCE

Colorado

➢ General. "Evidence of a person's character or a trait of his character is not admissible for the purpose of proving that he acted in conformity therewith on a particular occasion." CRE 404; see also Bondsteel v. People, 2019 CO 26.

➢ Exceptions to Inadmissibility. The exceptions to the general rule are a pertinent character trait of the accused, a pertinent character trait of the alleged victim, or the character of a witness. CRE 404(a)(1), (2), and (3).

➢ Amended CRE 404(a). CRE 404(a) has been amended to provide that when the defendant attacks the character of an alleged victim, the defendant puts his or her own character for aggression at issue. Unlike FRE 404(a)(2), Colorado specifically limits the character traits to aggressiveness or violence. CRE 404(a)(2) also provides an exception to the general rule of inadmissibility in that "[i]n a criminal case, evidence of a pertinent trait of character of the alleged victim of the crime offered by an accused, or by the prosecution to rebut the same, or evidence of a character trait of peacefulness of the alleged victim offered by the prosecution in a homicide case to rebut evidence that the alleged victim was the first aggressor."

➢ Applicability of Exceptions to Civil Cases. The Colorado Supreme Court in Lombardi v. Graham, 794 P.2d 610 (Colo. 1990), expressed no opinion as to the correctness of the conclusion by the Colorado Court of Appeals that CRE 404(a) applies to civil, as well as criminal, cases. Lombardi, 794 P.2d at 612 n. 5; Graham v. Lombardi, 784 P.2d 813 (Colo. App. 1989). However, the Colorado Supreme Court observed that CRE 404(a) is limited by its terms to criminal cases, except for CRE 404(a)(3). Lombardi, 794 P.2d at 612 n. 5; but see Knowles v. Bd. of Educ., Sch. Dist. No. RE-1, Valley, Logan Cty., 857 P.2d 553, 556 (Colo. App. 1993) ("[W]e hold that CRE 404 applies in administrative proceedings as well as in criminal and civil cases.").

➢ Other Crimes, Wrongs, or Acts. "Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident . . . ." CRE 404(b); see College v. Scanlan, 695 P.2d 314, 316 (Colo. App. 1985); Buell v. People, 2019 CO 27, ¶ 26.
➢ Admissibility of Other Acts. The Colorado

...