People v. Myers

I respectfully dissent, finding that the evidence of defendant’s alleged previous possession of a .25 caliber gun should have been prohibited by application of the Molineux rule. As neither of the two required elements of the “identity” exception to this rule was shown by clear and convincing evidence, admission of this testimony was an abuse of discretion as a matter of law. Considered in light of the other proof at trial, this error requires reversal.

The Molineux rule limits the admissibility of evidence of prior uncharged crimes, as such evidence is so inherently prejudicial that it may…