Johnson v. United States

I join the opinion of the court but write separately to express the view that because we are today adopting the balancing test of the Federal Rules of Evidence, Fed.R.Evid. 403, for so-called “other crimes” evidence, we should also adopt, in its entirety, Fed.R.Evid. 404(b), the underlying rule governing the *1106admissibility of that evidence. See Drew v. United States, 118 U.S.App. D.C. 11, 331 F.2d 85 (1964). Doing so would be consistent with our past practice when we have adopted specific provisions of the Federal Rules of Evidence.1

Rule 404(b) provides:(b) Other crimes, wrongs, or acts.…