State v. Mongold

(Filed June 29, 2007)

I concur with the majority opinion. I write separately to address the issue of the admissibility of Rule 404(b) evidence.

In State v. Scott, 206 W.Va. 158, 168, 522 S.E.2d 626, 636 (1999), I stated in my dissent that Rule 404(b) evidence has “become a runaway train in criminal cases.” I continue to adhere to this opinion. In far too many cases, prosecutors gain an unfair advantage by telling the jury about a defendant’s “other bad acts,” thereby tainting the jury’s consideration of the evidence relating to the actual offense being tried. For example, once a jury hears that…