About a year ago, I wrote about State v. Hembree, 368 N.C. 2 (2015), a case in which the state supreme court reversed a murder conviction based on the State’s excessive use of Rule 404(b) evidence. This month, a divided court of appeals decided a case in the same vein. The case is State v. Reed.
The state supreme court recently reversed a death sentence and a first-degree murder conviction because the State presented “an excessive amount” of otherwise admissible Rule 404(b) evidence. How much is too much?