State v. Fields

Although I concur with the outcome reached by the majority, I disagree with the analysis of the claim of prosecutorial misconduct that is based on the cross-examination of Fields about his prior theft from an employer. I conclude that the notice and pretrial hearing requirements set forth in State v. Fallin were intended to be prerequisites to the admissibility of evidence of other bad acts under Minn. R. Evid. 608(b). 540 N.W.2d 518, 522 (Minn. 1995).

In Fallin, we said that a prosecutor “generally may not cross-examine a defendant * * * about prior misconduct” unless the prosecutor has given…