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Criminal Practice – Tax Evasion – Evidence – Trusting Nature – First Impression — Dangerous Anti-Tax Groups (access required)

State v. Tatum-Wade : Where defendant was charged with willful income tax evasion, the trial court should have allowed a witness to testify about defendant’s trusting nature. However, the exclusion of Dr. Yardley Hunter’s proffered testimony did not prejudice defendant since the testimony of several witnesses indicated that defendant genuinely believed she was exempt from paying income tax. Moreover, Dr. Hunter’s proffered testimony included the statement, “She’s not gullible,” which could have had the effect of diminishing, rather than enhancing, defendant’s defense.

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