The State of Washington, Respondent v. Lynn Roderick Lough, Petitioner

Summary

The Washington Supreme Court held that testimony from four women that the defendant had surreptitiously drugged and raped them during relationships with them was properly admitted under ER 404(b) to prove a common plan or scheme, even though the prior acts were not done in preparation for or causally connected to the charged offenses. A common plan may be established by markedly similar acts of misconduct against similar victims under similar circumstances, provided the acts are proved by a preponderance of the evidence, offered for a proper purpose, relevant, and more probative than prejudicial. The court affirmed the Court of Appeals, the convictions, and the exceptional 60-month sentence, rejecting the defendant's remaining contentions as without merit. No separate opinions were filed.