New Mexico Supreme Court

State v. Bailey

October 13, 20162017 NMSC 1

Summary

The New Mexico Supreme Court affirmed Jason Bailey's conviction, holding that the trial court properly admitted evidence of an uncharged Sandoval County incident under Rule 11‑404(b)(2) to prove intent and that the admission was not unduly prejudicial under Rule 11‑403. The Court clarified that Rule 11‑404(b) is an inclusionary rule permitting other‑act evidence when it is relevant to a specific issue such as intent, not merely to show character propensity.