Interesting New 404(b) Case

The Court of Appeals vacated five counts of L&L today and remanded for a new trial due to I.R.E. 404(b) error. The Court emphasized that "[a]t the time of its decision, the district court did not have the benefit of our Supreme Court's opinions in [State v.] Grist, [147 Idaho 49, 52, 205 P.3d 1185, 1188 (2009)] and State v. Johnson, 148 Idaho 664, 227 P.3d 918 (2010). "

One important feature of the opinion is that the COA reiterates that there is no sex crime exception to 404(b) analysis post-Grist. "Courts are to apply the same standard in sexual abuse cases as is applied in other cases for allowing evidence of other bad acts under Rule 404(b)."

The opinion is a good guide on how to analyze the state's proffered 404(b) evidence for objections to its admissibility.

Congratulations to Justin Curtis of the SAPD.

State v. Pokorney, http://www.isc.idaho.gov/opinions/pokorney%20opinion.pdf