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Tag Archives: Prior Bad Acts

Criminal Practice – Evidence – Prior Bad Acts – Standard of Review — Sufficient Similarity – 10- to 12-Year Gap (access required)

State v. Beckelheimer Although defendant would have been in his teens at the time of the acts testified to by a prosecution witness, the details of defendant’s acts were sufficiently similar to allow the witness to testify about an incident 10 to 12 years before the one at issue.

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Criminal Practice – B&E – Burning Personal Property – Evidence – Prior Bad Acts – Perpetrator’s Identity – Victim’s Ex-Husband (access required)

State v. Adams While the state presented evidence that defendant’s cell phone was in Raleigh at the time of the January 2009 break-in and was back in Atlanta the same evening, the state presented no forensic or eyewitness evidence to show that it was defendant who broke into his ex-wife’s Raleigh apartment, destroyed and scattered personal property there (including burning photographs of the two of them), and stole jewelry he had given her.

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Criminal Practice – Evidence – Prior Bad Acts – Search & Seizure – Traffic Stop (access required)

U.S. v. McBride Police had a reasonable articulable suspicion to detain defendant’s truck after a traffic stop, based on an experienced officer’s observations of defendant’s contacts with others at the site of a club known for drug activity, but the trial court erred reversibly in admitting prior “bad act” evidence, the 4th Circuit says.

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Criminal Practice – Indecent Liberties & Sexual Offense – Evidence – Prior Bad Acts – Sufficiently Similar – Satellite-Based Monitoring – Vacated (access required)

State v. Oliver. (Lawyers Weekly No. 11-07-0346, 21 pp.) (Wanda G. Bryant, J.) Appealed from Cleveland County Superior Court. (James W. Morgan, J.) N.C. App. Click here for the full text of the opinion. Holding: The testimony of the victim ...

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