State v. Russell

¶1 The Court of Appeals reversed Arthur C. Russell’s conviction for first degree rape of a child (domestic violence) because the trial court admitted ER 404(b) evidence without sua sponte giving the jury a limiting instruction regarding the limited purpose for which the evidence was admitted. The State argues that the trial court was not required to give a limiting instruction absent a request for such an instruction. We reverse the Court of Appeals and affirm Russell’s conviction.

I. FACTUAL BACKGROUND AND PROCEDURAL INFORMATION

¶2 CR, born on May 22, 1992, was the youngest of Marilou…