Solis v. State

Nearly ten years ago, Justice Macy wrote: “I still contend, however, that we are laboring over a rule of evidence which has been emasculated by judicial exceptions.” Gezzi v. State, 780 P.2d 972, 986 (Wyo.1989) (Macy, J. specially concurring). See also Longfellow v. State, 803 P.2d 848, 851 (Wyo.1990). Because the majority opinion further emasculates W.R.E. 404(b), I respectfully dissent.

My disagreement with the majority opinion is twofold. First, Wyoming precedent does not authorize the majority’s review of the entire record and use of what “ultimately developed” at trial to justify the…