Virgilio v. State

Almost inextricably in our recent decisions, two results appear pervasively considered and frequently applied: bad acts evidence under W.R.E. 404(b) is justified within the circumstance of the case by some application and the evidence presented by the defense seems somehow insufficient to justify a theory of the defense instruction for the accused to litigatively submit his or her case to the jury for acquittal.

This decision confines both results in a rather stark circumstance. This court rejects the theory of defense instruction and then accepts introduction of the bad acts evidence by…