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· 8/9/2013

United States v. Terrell Davis

Citations

  • 726 F.3d 434
  • 92 Fed. R. Serv. 123
  • 2013 WL 4035547
  • 2013 U.S. App. LEXIS 16527

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that defendant’s prior conviction for cocaine possession not admissible to show knowledge in a trial for cocaine distribution because “[p]ossession and distribution are different in ways that matter”
  • holding that defendant’s prior conviction for cocaine possession not admissible to show knowledge in a trial for cocaine distribution because “[possession and distribution are different in ways that matter”
  • explaining that relevance can be an “insurmountable” barrier to the admission of evidence challenged under Rule 404(b)
  • explaining that prior-acts evidence must be offered for a proper purpose under Rule 404(b)(2); relevant to that purpose; sufficiently probative under the Rule 403 balancing test; and accompanied by a limiting instruction, if requested
  • discussing proponent’s burden to identify a proper purpose and explain how the proffered evidence is relevant to that purpose
  • observing that, “[ujncontr-oversial at the time of adoption, Rule 404(b) has become the most cited evidentiary rule on appeal” (citing Thomas J. Reed, Admitting the Accused’s Criminal History: The Trouble with Rule 404(b), 78 Temp. L.rev. 201, 211 (2005)

Source: CourtListener parenthetical corpus (CC0).

Judges: McKee, Smith, Greenaway

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.