United States Sixth Circuit

The standard analysis of Federal Rule of Evidence 404(b) should generally apply in cases where the prior "bad act" is that of an absent third party not charged with any crime, and the evidence is being offered as exculpatory evidence by the defendant.

Appellate Information

• Decided 02/12/2004
• Published 02/12/2004

Judges

• Before BOGGS, Chief Judge;  RYAN, Circuit Judge;  and ROSEN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Jerald W. Newton (argued and briefed), Sedona, AZ, for Appellant.


• For Appellees:
  
• Camille R. McMullen, Assistant United States Attorney (briefed), Memphis, TN, Tammi R. Simpson, U.S. Atty's Office, Jackson, TN, for Appellee.