Bailey v. United States

SCHWELB, Associate Judge:

Ari C. Bailey was convicted by a jury of rape. 1 On appeal, he contends that the trial judge erred by ruling, in limine, that if Bailey testified and presented a defense of consent, the prosecution would be permitted to introduce evidence of another rape allegedly committed by Bailey in Baltimore, Maryland approximately two months before the offense for which he was being tried. The government argues, inter alia, that because Bailey did not testify, he failed to preserve for appeal the issue raised by the judge’s in limine ruling. We affirm.

I

THE TRIAL COURT PROCEEDINGS