Whether the trial court must determine by a preponderance of evidence that the defendant engaged in child molestation conduct

QUESTIONS PRESENTED In a prosecution of a child pornography case under Title 18 7U.S.C.,Chapter 110, the government may seek to admit evidence , of prior similar acts under Evid. R. 414 only after a hearing ; | as required by Evid. R. 104. In turn, R. 104 conditions such ; admission only upon the “condition of fact" that the defendant ) is accused :of any conduct proscribed by Chapter 110 of Title , , 18 U.S.C... , If a defendant subsequently pleads guilty, Crim. R. 11(d) provides that the defendant has a right to freely withdraw that guilty plea if the idistrict court has not accepted the: plea. 1. In an evidentiary hearing regarding the admissibility of prior similar acts (propensity) evidence under Evid.R. 414, does Evid.R. 104 require a trial court to initially determine, ) by a preponderance of evidence, a condition of fact that , the defendant actually engaged in child molestation conduct . as charged; or may that court rely solely on the fact that a ; grand jury has found probable cause that such conduct occurred? 2. Does a prosecutor abuse his/her discretion by spuriously charging a defendant with a child molestation offense for , the sole purpose of admitting prejudicial 414 propensity — evidence for use as evidence in chief when the prosecutor knows there is no factual. basis that such conduct occurred? 3. Does this Court endorse the Sixth Circuit's precedent-setting ruling that the approval of a plea agreement now suffices as an acceptance of a guilty plea under Crim. R. 11(d)(1)? SO ABBE eS : o. ae ee . n ae ae, “-e A [x] All parties appear in the caption of the case on the cover paged, mE Y [ ] All parties do not appear in the caption of the case on the cover page. A list of all