Feb. 22 – EvidenceProf Blog
Prof. Colin Miller authored blog post
Like its federal counterpart, North Carolina Rule of Evidence 404(b) North Carolina Rule of Evidence 404(b) provides that
Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake, entrapment or accident.
So, let’s say that a defendant is charged with larceny by antishoplifting or inventory control device based upon a theft at Target store. And let’s say that the prosecutor asks the senior asset protection specialist at the Target store what drew his attention to the defendant and his wife. Can the witness testify that he focused upon the defendant and his wife because of prior crimes that they committed consistent with Rule 404(b)?