Is prior bad act evidence admissible under Rule 404(b)?
MultiRegion, United States of America
The following excerpt is from United States v. Flucas, No. 2:17-CR-0209-KJM (E.D. Cal. 2018):
To be admissible under Rule 404(b), the prior bad act evidence (1) must prove a material, non-propensity point, (2) must not be too remote, (3) must be reliable enough to show the defendant actually committed the prior act, and (4) must be similar to the charged offense. United States v. Verduzco, 373 F.3d 1022, 1027 (9th Cir. 2004) (citations omitted).
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