Billups v. State

I agree with the majority that the principles quoted in Irvin v. State, 940 So.2d 331 (Ala.Crim.App.2005), govern the resolution of the first issue — whether the trial court erred in admitting evidence, pursuant to Rule 404(b), Ala. R. Evid., about the murders of the four Hispanic men who were killed days after Stevon Lockett was murdered. I disagree with the majority’s application of those principles, however. The record in this case presents a textbook example of the reason the exclusionary rule prohibiting collateral-act evidence was created; the extensive evidence of collateral acts in…