On direct examination in his trial for grand larceny, arisin…
On direct examination in his trial for grand larceny, arising out of the alleged theft of an automobile, Tom testified: “I am a man married to my wife of twenty years; we live in the suburbs where my wife and I both work, and our kids attend public school.” On cross-examination, the prosecutor proposes to ask Tom: “Isn’t it true that you and your wife are in the process of a divorce and custody battle involving your children?” Tom’s counsel objects, arguing that the prosecutor “is just trying to tell the jury that Tom is a bad person, which violates the rule against character evidence.” How should the court rule and why?