Roland B. Molineux and His Illegitimate Offspring: The History and Mystery of 404(b)

For over a half-century, the rule concerning the admission of “other bad acts” evidence has been misapplied by a majority of state and federal courts. What originated as a rule to protect the fairness of a trial against the accused has evolved into a rule that admits propensity evidence against a defendant. Criminal defense attorneys must know how to properly argue against the admissibility of other bad acts when those acts do not fit within any of the exceptions.