Sexual Practices and Substantial Similarity

A couple of weeks ago, the court of appeals decided State v. Davis, __ N.C. App. __ (2012). For prosecutors, defense lawyers, and judges handling sex crime cases, it’s a significant opinion concerning Rule 404(b). The defendant in Davis was charged with indecent liberties and first-degree sexual offenses based primarily on his young son’s reports … Read more


404(b) Evidence and the Bare Fact of a Prior Conviction

As readers of this blog know, Rule 404(b) provides that although evidence of other crimes, wrongs, or acts is not admissible to prove propensity, it may be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake, entrapment, or accident. N.C. R. Evid. 404(b). Even when … Read more