“And you are wondering why I’m becoming condescending?”
No. I am not wondering why. I stated an opinion that you are being condescending.
“Poor judge: he walks into an on-going murder trial and has to deal with whether ash is legally ash, a forehead is legally a forehead, and Wednesday is legally Wednesday.”
Not sure what this has to do with anything. I was responding to your introduction of the term evidence into this discussion.
Ashes on one's forehead are evidence that one attended Ash Wednesday mass during one's lunch break. The issue is whether evidence that one attended Ash Wednesday mass during one's lunch break is admissible to a jury. It is not under Rule 403.I'm laughing at your suggestion that the ashes are 1. not evidence of the above due to your hypothetical lack of foundation, or 2. evidence of something else.