Prior Bad Acts Must Be Directly Linked To Be Admitted as Intrinsic to Charged Crime

The Arizona Supreme Court April 11 tightened up a common law exception to the codified rules of evidence that previously gave the state broad rein to introduce other bad acts deemed “intrinsic” to the charged crime. (State v. Ferrero, Ariz., No. CR-11-0127-PR)

From now on, the court said, a defendant’s prior uncharged acts will qualify for admission under the so-called “intrinsic evidence” exception to the state’s rules of evidence only if (1) the uncharged act directly proves the charged act or (2) the uncharged act was performed contemporaneously with and directly facilitated commission of the charged misconduct.

Writing ...