New Mexico v. Bailey

Defendant Jason Bailey appealed his conviction for second-degree criminal sexual contact of a minor. Defendant argued on appeal that admission of evidence of his uncharged conduct was improper under Rule 11-404(B)(1) NMRA and Rule 11-403 NMRA. Because the other-act evidence that Defendant objected to was properly admitted for the purpose of demonstrating Defendant’s intent under Rule 11-404(B)(2), and the evidence was not unduly prejudicial under Rule 11-403, the New Mexico Supreme Court affirmed the conviction. And, by this opinion, the Court further explicated the proper application of Rule 11-404(B) in state district courts as it pertained to admission of other-act evidence bearing on an accused’s intent. View "New Mexico v. Bailey" on Justia Law