United States v. Cornel Everett and Timothy Scott

CARDAMONE, Circuit Judge:

This appeal raises a common, yet vexing issue of the use of “other crimes” evidence during a trial. Because “other crimes” evidence attains a special place in the jury’s mind, the government is forbidden from introducing it solely to prove that a defendant has a propensity to commit crimes. The prejudice of this proof, once admitted, sticks to a defendant like mud throughout the trial. Such a harsh result is justified only when the “other crimes” evidence is probative of something other than the defendant’s propensity. In this case, Cornel Everett and Timothy Scott…