Rule 404(b): Proper Purpose Other than Propensity
Rule 404(b) is a rule of inclusion subject to one exception: the evidence must be excluded if its only probative value is to show that the defendant had the propensity […]
May 2, 2013
The Opinion Question: Myth or Magic?
Even the greenest of prosecutors knows to ask it. And all officers, from rookie to veteran, know how to answer. Rare is the impaired driving case without it. What’s the […]
April 30, 2013
Rule 404(b): Did He Really Do It?
In this second post on Rule 404(b) evidence [editor’s note: the first post in this occasional series is here], I’ll address a point that sometimes gets overlooked in the admissibility […]
April 17, 2013
Rule 404(b): The Bare Fact of Conviction Rule
Evidence Rule 404(b) allows for the admission of evidence of other crimes, wrongs, or acts for purposes other than propensity, such as proving motive, opportunity, intent, preparation or plan. In […]
April 3, 2013
Fourth Circuit Declines to Take a Restrictive View of Forfeiture by Wrongdoing
I’ve previously discussed the forfeiture by wrongdoing exception to the confrontation clause in this blog (here) and in numerous other publications (for example, here). In a nutshell, the forfeiture by […]
March 25, 2013
State crime lab backlogs and the right to speedy trial
The state crime lab and other local laboratories perform nearly 10,000 blood toxicology analyses annually, the vast majority of them in impaired driving cases. Unlike breath analysis results, which the […]
March 20, 2013
Are a Child’s Statements to a Treating Psychologist Admissible Under Hinnant?
Suppose a child victim of sexual abuse is referred to a psychologist for counseling. In the course of treatment the child reveals details about the abuse. If the child doesn’t […]
January 30, 2013
Rule 404(b) and Noncriminal Conduct
I have been asked several times whether the state may admit, under N.C. R. Evid. 404(b), evidence of noncriminal conduct. The answer is yes, assuming of course that the evidence […]
January 3, 2013
Requiring the Defendant to Pose for the Jury
Suppose in a robbery case that the State asks the defendant–who does not plan to testify–to stand in the courtroom wearing a mask allegedly worn by the robber. The defense […]
December 10, 2012
Experts in Child Sex Cases: Reversible Error in a Recent Case
The recent case, State v. Ryan, presents an issue that keeps our appellate courts busy: the proper scope of expert testimony in child sexual abuse cases. In Ryan, after the […]
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