State v. Byington

JOHNSON, Justice Pro Tern.

This is a criminal ease on review from a decision of the Court of Appeals. We adopt several portions of the Court of Appeals opinion. We add an opinion of our own concerning the standard we follow in reviewing a trial court’s decision balancing the probative value of evidence against its prejudicial effect pursuant to Rule 403 of the Idaho Rules of Evidence (I.R.E.). We uphold the trial court’s balancing decision.

We also add an opinion concerning review of the trial court’s decision to allow the testimony of a witness for the State who was disclosed to the defense…