Rule 404(b) is a rule of inclusion subject to one exception: the evidence must be excluded if its only probative value is to show that the defendant had the propensity or disposition to commit the charged offense. Evidence of other crimes, wrongs, or acts is admissible, however, for other purposes. In this post, my third on 404(b) evidence, I’ll explore the proper purposes of this evidence. Motive. 404(b) evidence may be admitted to prove motive. N.C.R.Evid. 404(b). Thus, for example, 404(b) evidence showing that the defendant submitted false information in a loan application was admissible to show a financial motive for a murder. State v. Britt, __ N.C. App. __, 718 S.E.2d 725, 730-31 (2011). Opportunity. 404(b) evidence is admissible to show the defendant’s opportunity to commit the crime charged. N.C.R.Evid. 404(b); see, e.g., State v. McAbee, 120 N.C. App. 674, 680-81 (1995) (in a homicide case evidence that the defendant was unemployed was admissible to show opportunity; being unemployed put him frequently at home with the child victim). Intent. 404(b) evidence may be admitted to show intent. N.C.R.Evid. 404(b). Thus, for example, evidence that the defendant possessed incestuous pornography was admissible to show the defendant’s intent to engage in sexual acts with his own child. State v. Brown,__ N.C. App. __, 710 S.E.2d 265, 270 (2011). Plan. 404(b) evidence may be admitted to show plan. N.C.R.Evid. 404(b). Thus, for example, 404(b) evidence that the defendant broke into a pharmacy but failed to procure narcotics was admissible to show a plan [...]
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