This section contains the nature of the case and procedural background.

D was arrested and charged with simple assault, recklessly endangering another person, two counts of endangering welfare of children - parent/guardian/other commits offense, and strangulation - applying pressure to throat or neck for events that occurred on March 12, 2018 on Theodore Street in the City and County of Philadelphia. D and his wife got into an argument about D trying to take their children, two girls ages six and three, out of the wife's apartment early in the morning of March 12, 2018. D pushed his wife down the stairs in his attempt to remove the children from the apartment. Officer Brian Kiernan arrived at the residence, met D's wife, who had visible scratch marks on her neck and chest area, her shirt was ripped, and she stated that D choked and pushed her on the bed and that he pushed her down the stairs. D objected to the exclusions and limitations placed upon several defense witnesses, including Melissa Peltier, D's mother, who lived with D and the victim and who is alleged to have witnessed several arguments between the couple. Peltier would attest that it was D's habit to 'deescalate, placate, and capitulate' to the victim's demands whenever the two began a disagreement. D claims that Peltier's testimony was admissible as evidence of habit since it referred to nonvolitional activity that occurred with invariable regularity. The court refused to admit the evidence. D was found guilty of simple assault and appealed.

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