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United States v. Davis
This case was a hot topic on the evidence listserve because, as one member noted, “Wow! A Federal Appeals court actually refused to rubber stamp the prosecution’s 404(b) [evidence]!” Although it is not a typical case, it provides an example of what a 404(b) analysis should look like, specifically around the “knowledge” and “intent” rules. (The atypical cases are more useful for learning Rule 404(b) because those cases actually consider the Rule, rather than admitting evidence without careful consideration.)
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