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I've never understood how the heck a judge can restrict these types of things. I'd bet anything that Mr. Fish's ODT, or any other 2A social media posts/comments would have been plastered all over the freaking courtroom.
It all comes down to the rules of evidence, which vary depending on the state/ jurisdiction but usually gives the judge quite a wide discretion on what's allowable trying to balance probative/prejudicial value. In particular the usual standard is that if the accused didnt know about the specific acts in the other party's past they couldn't have considered them at the time of the incident so they were irrelevant unless they were similar to the incident in question, or if they are used to show or rebut character.I've never understood how the heck a judge can restrict these types of things. I'd bet anything that Mr. Fish's ODT, or any other 2A social media posts/comments would have been plastered all over the freaking courtroom.