rule-404(b)
23 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 24-5240 | Bradley Dale Hull v. United States | Ninth Circuit | 2024-08-06 | Denied | IFP | federal-rules-of-evidence intent intent-element lower-court-decisions other-act-evidence prejudice probative-value rule-403 rule-404(b) rule-404b unfair-prejudice | Is it incumbent upon a trial court when determining whether the probative value of other-act evidence offered under Rule 404(b) is substantially outwe… |
| 23-7575 | Oscar Dillon, III v. United States | Eighth Circuit | 2024-05-28 | Denied | Response WaivedRelisted (2)IFP | acquittal acquitted-conduct criminal-culpability double-jeopardy federal-rules-of-evidence fifth-amendment rule-404(b) trial-procedure unrelated-charges | The Eighth Circuit United States Court of Appeals determined that criminal culpability derived from verdicts of aquittals are admissible in separate t… |
| 23-6489 | Robert E. Harrison v. United States | Eighth Circuit | 2024-01-17 | Denied | Response WaivedIFP | circuit-split criminal-procedure evidence evidence-admissibility intent-knowledge prior-bad-acts prior-conviction propensity-evidence rule-404(b) rule-404b statutory-interpretation supreme-court | 1. Are prior gun possession convictions admissible under Rule 404(b) to prove knowing or intentional gun possession on a later date when the governmen… |
| 23-5332 | Tamara Jeune, aka Tamara Voltaire v. United States | Eleventh Circuit | 2023-08-10 | Denied | IFP | circuit-court-split circuit-split evidence-rule federal-rules-of-evidence judicial-interpretation prejudice probative-value propensity-evidence rule-404(b) trial-procedure | How are the courts to properly apply Fed. R. Evid. 404(b)? Should they apply the Third Circuit's more substantive approach which requires a close conn… |
| 23-5020 | Christopher Delgado v. United States | Ninth Circuit | 2023-07-03 | Denied | Response WaivedIFP | circuit-split criminal-procedure evidentiary-standard federal-rules-of-evidence inextricably-intertwined other-bad-acts rule-404(b) rule-404b standard | Whether evidence of other bad acts is exempted from the limits and requirements of Rule 404(b) of the Federal Rules of Evidence when it is "inextricab… |
| 22-7711 | William Jon Patric Ebert v. United States | Fourth Circuit | 2023-06-05 | Denied | Response WaivedIFP | criminal-procedure due-process evidence evidence-admissibility fourth-circuit prior-bad-acts rule-404(b) rule-404b sixth-circuit united-states-v-stout | WHETHER THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ERRED IN AFFIRMING THE DISTRICT COURT'S RULING TO ADMIT EVIDENCE OF THE APPELLANT'S … |
| 22-7204 | Eriston Wilson v. United States | Fifth Circuit | 2023-04-04 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | circuit-conflict conspiracy conspiracy-charges evidence-admissibility extrinsic-evidence intent intent-standard not-guilty rule-404(b) rule-404b | Each Court of Appeals has instituted its own multi-pronged test for determining the admissibility of extrinsic evidence under Fed. R. Evid. 404(b), cr… |
| 22-6809 | Mohamed Ibrahim Ahmed v. United States | Fifth Circuit | 2023-02-16 | Denied | Response WaivedIFP | 404(b)-standard appeal appellate-review criminal-procedure due-process evidence evidence-rule evidentiary-issues evidentiary-test judicial-interpretation legal-uniformity rule-404(b) | Is an updated, clear, and uniform test needed for the most common evidentiary issue presented on appeal, Rule 404(b) related issues? |
| 22-6581 | John Krasley v. United States | Third Circuit | 2023-01-19 | Denied | Response WaivedIFP | admissibility-standard circuit-split criminal-procedure defendant's-other-bad-acts evidence-rule federal-rules-of-evidence propensity-evidence rule-404(b) third-party-acts | The Third Circuit, deepening a mature circuit split regarding the scope of Federal Rule of Evidence 404(b), and its prohibition against propensity evi… |
| 22-6513 | Jeremy Dale Bartram v. West Virginia | West Virginia | 2023-01-10 | Denied | Response WaivedIFP | criminal-procedure due-process evidence evidence-rule fair-trial presumption-of-innocence prosecutorial-discretion rule-404(b) uncharged-misconduct | Does the prosecution's use of 'uncharged misconduct' under Rule 404(b) of the West Virginia Rules of Evidence strip a criminal defendant of the presum… |
| 22-6135 | Monzell Harding v. United States | Ninth Circuit | 2022-11-22 | Denied | Response WaivedIFP | appellate-review criminal-procedure district-court-discretion evidence extrinsic-evidence rico rico-conspiracy rule-404(b) rule-404b trial-error uncharged-crimes | Was the district court required by Huddleston v. United States, 485 U.S. 681 (1988) and Rule 404(b) to cure the reversible trial error that resulted f… |
| 22-5980 | Arius Hopkins v. United States | Second Circuit | 2022-11-02 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process evidence evidence-admissibility fair-trial federal-rules-of-evidence grand-jury rule-404(b) trial-fairness | Whether the admission of evidence of prior alleged conduct similar to the crime on trial and dismissed by a grand jury, which was noticed for one purp… |
| 21-6704 | Jose D. Drew v. United States | Eighth Circuit | 2021-12-22 | Denied | Response WaivedIFP | abuse-of-discretion evidence-admissibility federal-rules-of-evidence jury-inference material-element prior-convictions rule-404(b) rule-404b | Whether the abuse of discretion review of the introduction of multiple prior convictions as rule 404(b) evidence requires the government to offer some… |
| 21-6264 | Marion Katrell Campbell v. United States | Fourth Circuit | 2021-11-15 | Denied | Response WaivedIFP | district-court-discretion due-process evidence evidence-admissibility federal-rules-of-evidence rule-404(b) rule-404b rule-702 trial-procedure | WHETHER THE DISTRICT COURT IMPROPERLY ALLOWED FEDERAL RULE OF EVIDENCE 404(b) & 702 IN PETITIONERS TRIAL |
| 20-8322 | Fabian Perpall v. United States | Eleventh Circuit | 2021-06-15 | Denied | IFP | circuit-split contested-issue criminal-evidence criminal-procedure federal-rules-of-evidence not-guilty-plea plea-of-not-guilty prior-bad-acts rule-404(b) rule-404b state-of-mind | By pleading not guilty, can a defendant make his prior convictions admissible under Rule 404(b) to show "state of mind"? |
| 20-8143 | Merwin Smith v. United States | Eighth Circuit | 2021-05-26 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | circuit-split criminal-law criminal-prosecution evidence evidence-rule-404b federal-prosecution federal-rules-of-evidence gun-possession prior-convictions propensity-evidence rule-404(b) | Are prior gun possession convictions admissible under Rule 404(b) to prove knowing or intentional gun possession on a later date when the government c… |
| 20-8081 | Melvin Roshard Alfred v. United States | Tenth Circuit | 2021-05-20 | Denied | Response WaivedIFP | criminal-procedure evidence evidence-admissibility federal-rules-of-evidence intrinsic-evidence misconduct-evidence rule-404(b) rule-404b social-media uncharged-misconduct | Whether uncharged misconduct evidence that does not directly prove the charged crime may be deemed "intrinsic evidence" and admitted without the admis… |
| 20-6296 | David Lague v. United States | Ninth Circuit | 2020-11-13 | Denied | IFP | burden-of-proof civil-procedure evidence evidence-admissibility intent prior-acts rule-404(b) rule-404b statistical-comparison statistics unlawful-acts unlawful-intent | Rule 404(b) prohibits evidence of a defendant's uncharged acts that "might adversely reflect on the actor's character," unless the evidence helps prov… |
| 19-8887 | Maria Pena-Rivera v. United States | Ninth Circuit | 2020-07-02 | Denied | Response WaivedIFP | appellate-review criminal-procedure district-court evidence-admissibility evidence-admission evidentiary-standard federal-rules-of-evidence judicial-error rule-403 rule-404(b) | Is it error by the district court to fail to enumerate the specific basis for allowing evidence pursuant for Federal Rule of Evidence section 404(b) s… |
| 19-7261 | Gibron Lopez v. United States | Second Circuit | 2020-01-13 | Denied | Response WaivedIFP | co-conspirator criminal-procedure criminal-relationship criminal-relationship-development evidence evidence-admissibility evidence-rule-404(b) hobbs-act inextricably-intertwined-evidence intimate-relationship narcotics-sales relationship rule-404(b) rule-404b sexual-relationship trust trust-relationship | 1. Where evidence of prior narcotics sales was introduced at trial to establish both a relationship of trust among co-conspirators, as well as how the… |
| 19-7138 | Michael Blankenship v. United States | Fourth Circuit | 2020-01-06 | Denied | Response WaivedIFP | clean-water-act criminal-procedure environmental-law evidence evidence-admissibility eyewitness-testimony fecal-coliform intent prejudice rule-404(b) rule-404b witness-testimony | 1. Whether in a prosecution for illegally dumping waste into a creek, where a major part of the Government's case was based on eyewitness testimony ab… |
| 19-456 | John Buncich v. United States | Seventh Circuit | 2019-10-07 | Denied | Response Waived | appellate-review chapman-error credibility credibility-assessment criminal-procedure due-process evidence evidentiary-standard harmless-error judicial-discretion rule-404(b) | Where there is a finding of Chapman error, does the appellate court err by relying on its own assessment of the credibility of the defendant's testimo… |
| 19-5550 | Jackie Duncan v. United States | Tenth Circuit | 2019-08-09 | Denied | Response WaivedIFP | 10th-circuit abuse-of-discretion civil-procedure constitutional-vagueness due-process evidence-admissibility federal-courts federal-jurisdiction federal-rules-of-evidence judicial-discretion procedural-error rule-403 rule-404(b) rule-404b standard-of-review | 1. WHETHER THE 10TH CIRCUIT ERRED IN RULING THE WESTERN DISTRICT OF OKLAHOMA DIDN'T ABUSE THEIR DISCRETION? 2. WHETHER ANTHONY JOHNSON. TESTIMONY OUT… |