State v. Thorsteinson

Citations

• 2019 ND 65
• 924 N.W.2d 376

Syllabus

Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith, but may be admissible to show motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. In considering whether evidence of prior crimes, wrongs, or bad acts is admissible, a court must determine: (1) the purpose for which the evidence is introduced (2) whether the evidence of the prior bad acts is substantially reliable or clear and convincing and (3) whether proof of the crime charged permits the trier of fact to establish the defendant's guilt or innocence independently on the evidence presented without considering the prior bad acts. A court must give a cautionary instruction about the limited use of prior bad acts evidence, and must examine whether the probative value of the evidence substantially outweighs its possible prejudicial effect. Jury instructions must correctly and adequately inform the jury of applicable law and it is not error to refuse to give defendant's jury instruction if it may mislead or confuse the jury.