Ballou v. Henri Studios Inc.
Citation and Court
656 F.2d 1147 (5th Cir. 1981), United States Court of Appeals for the Fifth Circuit
Facts
Ballou was killed in an automobile accident. Henri Studios sought to introduce evidence that Ballou’s blood alcohol level at the time of the accident was below the legal limit, to counter claims that he was intoxicated. The trial court excluded the evidence under FRE 403 as more prejudicial than probative.
Issue
Whether a blood alcohol test showing a blood alcohol level below the legal limit was properly excluded under FRE 403.
Holding
The Fifth Circuit reversed, holding that the blood alcohol evidence was highly probative on the question of the decedent’s sobriety and that its exclusion was an abuse of discretion under FRE 403.
Rule / Doctrine
Under FRE 403, relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury. However, evidence favorable to the proponent that is highly probative of a central fact in dispute should not be excluded simply because it touches on a sensitive subject; the prejudice must be unfair prejudice, not merely evidence that is damaging to the opposing party.
Significance
Ballou v. Henri Studios is a frequently cited case for the proposition that FRE 403 is an extraordinary remedy that should be used sparingly, and that evidence should be excluded only when its probative value is substantially outweighed — not merely equaled or slightly outweighed — by the danger of unfair prejudice.