When evidence is offered which is admissible for one purpose but not admissible for another purpose, the judge, in deciding whether to admit such evidence, must balance the prejudice to each side’s case which might result from admission or exclusion.70 If such evidence is admitted, the court, upon request, should instruct the jury as to the restricted applicability of the evidence.71
70. James v. Glazer, 570 A.2d 1150, 1156 (Del. 1990).
71. D.R.E. 105; Torres v. State, 979 A.2d 1087, 1099 (Del. 2009); James v. Glazer, 570 A.2d 1150, 1156 (Del. 1990).
© 2010 David L. Finger