Q: If the a prosecutor depends solely on 404b evidence to convict on a criminal case will the judge allow 404b evidence?
If the prosecutor depends on prior acts to get a conviction does that mean the case is weak? I'm being tried on a promiting prison contraband charge and I was never found in possession of the actual contraband. It was found in my living area.
A: Every piece of evidence in a case is always subject to a 403 analysis. That means if the evidence is good and can be admitted, it still must be shown to be "relevant" an "not unfairly prejudicial". Whether a case is strong or weak is entirely on a case-by-case basis and can't be analyzed on a website like this. Your attorney must have analyzed the case, along with the state and the judge, and made arguments accordingly to your behalf. If not successful, it's likely best to focus on what defenses you DO have and don't spend time reanalyzing your 404b ruling, unless you're sure the caselaw supports your position and you can articulate it to another court. That's a huge mountain to climb.
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