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s under the influence of drugs or narcotics or alcohol at the time of observation of events in dispute or at the time the witness is testifying. As Wigmore points out, however, a general habit of intemperance tells us nothing of the witness's testimonial incapacity unless it involves actual intoxication
. In this circumstance, the lasting mental impact of a crime is at best "minimally probative" of whether that crime was committed. United States v. Hendricks, 921 F.3d 320, 329 (2d Cir. 2019). It also carries a high risk of Rule 403 prejudice by suggesting that the psychological impact on Alleged Victim 4
s under the influence of drugs or narcotics or alcohol at the time of observation of events in dispute or at the time the witness is testifying. As Wigmore points out, however, a general habit of intemperance tells us nothing of the witness's testimonial incapacity unless it involves actual intoxication
. In this circumstance, the lasting mental impact of a crime is at best "minimally probative" of whether that crime was committed. United States v. Hendricks, 921 F.3d 320, 329 (2d Cir. 2019). It also carries a high risk of Rule 403 prejudice by suggesting that the psychological impact on Alleged Victim 4
s under the influence of drugs or narcotics or alcohol at the time of observation of events in dispute or at the time the witness is testifying. As Wigmore points out, however, a general habit of intemperance tells us nothing of the witness's testimonial incapacity unless it involves actual intoxication
. In this circumstance, the lasting mental impact of a crime is at best "minimally probative" of whether that crime was committed. United States v. Hendricks, 921 F.3d 320, 329 (2d Cir. 2019). It also carries a high risk of Rule 403 prejudice by suggesting that the psychological impact on Alleged Victim 4
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