This article examines a case, United States v. Richards, 719 F.3d 746 (7th Cir. 2013), to illustrate how a prosecutor succeeded in having other act evidence admitted, obtained a conviction, and lost it on appeal. The appellate court ruled that the prosecutor erred in making a propensity argument in violation of Federal Rule of Evidence 404(b).
GW Paper Series
GWU Law School Public Law Research Paper No. 2014-64; GWU Legal Studies Research Paper No. 2014-64
Saltzburg, Stephen A., Proper and Improper Use of Other Act Evidence (2014). 29 Crim. Just. (2014) ; GWU Law School Public Law Research Paper No. 2014-64; GWU Legal Studies Research Paper No. 2014-64. Available at SSRN: http://ssrn.com/abstract=2663637