Supreme Court of Alabama
Ex Parte Melisa Jessica Lawrence.
May 5, 2000776 So. 2d 50
Summary
The court held that Rule 404(b) required the prosecution to provide notice before introducing evidence of the defendant's prior bad acts, regardless of whether the evidence was offered in the case-in-chief, for impeachment, or in rebuttal. Because the prosecution failed to provide notice of uncharged worthless-check incidents, those references were inadmissible, but the trial court did not abuse its discretion by denying a mistrial after issuing a prompt and thorough curative instruction. The conviction was affirmed.
Holding
- Notice for prior-bad-act evidence under Rule 404(b). Rule 404(b) requires the prosecution to provide notice of extrinsic-act evidence regardless of whether it intends to use that evidence during its case-in-chief, for impeachment, or for possible rebuttal. Because the prosecution did not provide notice of the uncharged worthless-check incidents, the evidence was inadmissible.
- Denial of mistrial after questioning about inadmissible prior acts. The trial court did not abuse its discretion in denying a mistrial because the prosecutor's questions, although prejudicial, did not suggest that Lawrence committed the charged offense, the evidence was cumulative of the properly admitted conviction evidence, and the court promptly gave a thorough curative instruction that the jury confirmed it could follow.
Docket 1990006
Cited authorities
- Rule 404(b)
- Rule 404(b)
- Rule 404(b)
- Rule 404(b)
- Rule 404(b)
- Rule 404(b)
- Rule 404(b)
- Rule 404(a)(1)