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 is offered for a proper purpose under the Rule and meets the other requirements for admissibility. Examples. This issue can arise in many kinds of … Read more


State v. Davis: Rule 404(b) and Remote Convictions

I wrote here about the court of appeals’ recent ruling in State v. Davis that expert testimony calculating the defendant’s alcohol concentration based on odor alone was improperly admitted at defendant’s trial on second-degree murder, impaired driving, and other charges arising from a fatal hit-and-run accident. This post addresses the court’s ruling in Davis as … Read more