rule-404b
31 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-573 | Donald J. Trump, President of the United States v. E. Jean Carroll | Second Circuit | 2025-11-13 | Pending | Amici (5) | evidence-rules propensity-evidence rule-403 rule-404b rule-413 rule-415 | I. Whether Federal Rule of Evidence 415 overrides Rule 403's requirement to balance the probative value of temporally remote propensity evidence again… |
| 25-5539 | Louis Age, III v. United States | Fifth Circuit | 2025-09-03 | Denied | Response WaivedRelisted (2)IFP | confrontation-clause criminal-procedure due-process fifth-circuit-review rule-404b sufficiency-of-evidence | I. Did the Fifth Circuit erroneously apply federal law in finding that the evidence at trial was sufficient to establish the crimes beyond a reasonabl… |
| 25-5533 | Stanton Guillory v. United States | Fifth Circuit | 2025-09-03 | Denied | Response WaivedRelisted (2)IFP | circuit-split criminal-procedure evidence-admissibility propensity-evidence rule-404b witness-testimony | Federal Rule of Evidence 404(b) prohibits the use of a defendant's other bad acts to argue he has a propensity to commit a crime. The Government never… |
| 25A171 | Robert Monteiro v. United States | First Circuit | 2025-08-08 | Application | drug-conspiracy due-process evidence-admission prior-bad-acts rule-404b sufficiency-of-evidence | Question not identified. | |
| 25-5155 | Luis Payano-Perez v. United States | Third Circuit | 2025-07-21 | Denied | Response WaivedIFP | evidence-admissibility evidentiary-purpose inference-chain propensity-evidence rule-404b trial-court-discretion | 1. Whether a trial court, in admitting evidence under Federal Rule of Evidence 404(b), must explicitly articulate the "chain of inferences" it relied … |
| 24-5758 | Eriston Wilson v. United States | Fifth Circuit | 2024-10-15 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | circuit-split conspiracy-charge evidence-admissibility extrinsic-evidence intent-determination rule-404b | Does the Fifth Circuit's rule that a plea of not guilty to a conspiracy charge automatically renders similar, extrinsic acts admissible as relevant to… |
| 24-5519 | Matthew Peddicord v. United States | Eleventh Circuit | 2024-09-11 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | circuit-split criminal-procedure evidence-admissibility prior-bad-acts propensity-evidence rule-404b | Whether evidence of prior bad acts is admissible under Rule 404(b) where its relevance to a proper purpose depends on propensity reasoning. |
| 24-5240 | Bradley Dale Hull v. United States | Ninth Circuit | 2024-08-06 | Denied | IFP | federal-rules-of-evidence intent intent-element lower-court-decisions other-act-evidence prejudice probative-value rule-403 rule-404(b) rule-404b unfair-prejudice | Is it incumbent upon a trial court when determining whether the probative value of other-act evidence offered under Rule 404(b) is substantially outwe… |
| 24-5021 | Joyce Isagba v. United States | Eleventh Circuit | 2024-07-09 | Denied | Response WaivedIFP | admissibility criminal-procedure due-process evidence-admissibility federal-rules-of-evidence-404b fifth-amendment prior-bad-acts relevance rule-404b sentencing-conditions supervised-release | I. Under Rule 404(b), Federal Rules of Evidence, is a single uncharged act occurring 5-7 year prior to the charged conduct in question, without any in… |
| 23-7097 | Travis C. Crosby v. United States | Eleventh Circuit | 2024-03-28 | Denied | Response WaivedIFP | conspiracy criminal-evidence criminal-procedure due-process eleventh-circuit evidence fraud fraud-charges ppp-loans relevant-conduct rule-404b sentencing | (1) Whether the Eleventh Circuit erred in finding that the district court did not abuse its discretion by admitting Rule 404 (b) evidence of fraudulen… |
| 23-6489 | Robert E. Harrison v. United States | Eighth Circuit | 2024-01-17 | Denied | Response WaivedIFP | circuit-split criminal-procedure evidence evidence-admissibility intent-knowledge prior-bad-acts prior-conviction propensity-evidence rule-404(b) rule-404b statutory-interpretation supreme-court | 1. Are prior gun possession convictions admissible under Rule 404(b) to prove knowing or intentional gun possession on a later date when the governmen… |
| 23-5838 | Mario Reynoso, aka Mario Hernandez v. United States | Tenth Circuit | 2023-10-19 | Denied | Response WaivedIFP | admissibility-of-evidence character-evidence district-court-discretion district-courts evidence-admissibility federal-rules-of-evidence non-propensity-purpose reasoning rule-404(b)(2) rule-404b ultimate-decision | Whether Rule 404(b)(2) of the Federal Rules of Evidence permits district courts the use of propensity/character-conforming reasoning to reach an ultim… |
| 23-5020 | Christopher Delgado v. United States | Ninth Circuit | 2023-07-03 | Denied | Response WaivedIFP | circuit-split criminal-procedure evidentiary-standard federal-rules-of-evidence inextricably-intertwined other-bad-acts rule-404(b) rule-404b standard | Whether evidence of other bad acts is exempted from the limits and requirements of Rule 404(b) of the Federal Rules of Evidence when it is "inextricab… |
| 22-7878 | Kenny Eugene Smart v. United States | Eighth Circuit | 2023-06-27 | Denied | Response WaivedIFP | 18-usc-922(g) criminal-procedure evidence-standard evidentiary-rulings federal-rule-of-evidence-404(b) federal-rules-of-evidence prior-convictions rule-404b rule-of-inclusion standard-of-review statutory-interpretation | 1. WHAT IS THE PROPER STANDARD OF REVIEW OF EVIDENTIARY RULINGS UNDER FEDERAL RULE OF EVIDENCE 404(b) AND IS RULE 404(b) A RULE OF INCLUSION WHICH ALW… |
| 22-7711 | William Jon Patric Ebert v. United States | Fourth Circuit | 2023-06-05 | Denied | Response WaivedIFP | criminal-procedure due-process evidence evidence-admissibility fourth-circuit prior-bad-acts rule-404(b) rule-404b sixth-circuit united-states-v-stout | WHETHER THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ERRED IN AFFIRMING THE DISTRICT COURT'S RULING TO ADMIT EVIDENCE OF THE APPELLANT'S … |
| 22-7204 | Eriston Wilson v. United States | Fifth Circuit | 2023-04-04 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | circuit-conflict conspiracy conspiracy-charges evidence-admissibility extrinsic-evidence intent intent-standard not-guilty rule-404(b) rule-404b | Each Court of Appeals has instituted its own multi-pronged test for determining the admissibility of extrinsic evidence under Fed. R. Evid. 404(b), cr… |
| 22-6135 | Monzell Harding v. United States | Ninth Circuit | 2022-11-22 | Denied | Response WaivedIFP | appellate-review criminal-procedure district-court-discretion evidence extrinsic-evidence rico rico-conspiracy rule-404(b) rule-404b trial-error uncharged-crimes | Was the district court required by Huddleston v. United States, 485 U.S. 681 (1988) and Rule 404(b) to cure the reversible trial error that resulted f… |
| 21-6704 | Jose D. Drew v. United States | Eighth Circuit | 2021-12-22 | Denied | Response WaivedIFP | abuse-of-discretion evidence-admissibility federal-rules-of-evidence jury-inference material-element prior-convictions rule-404(b) rule-404b | Whether the abuse of discretion review of the introduction of multiple prior convictions as rule 404(b) evidence requires the government to offer some… |
| 21-6264 | Marion Katrell Campbell v. United States | Fourth Circuit | 2021-11-15 | Denied | Response WaivedIFP | district-court-discretion due-process evidence evidence-admissibility federal-rules-of-evidence rule-404(b) rule-404b rule-702 trial-procedure | WHETHER THE DISTRICT COURT IMPROPERLY ALLOWED FEDERAL RULE OF EVIDENCE 404(b) & 702 IN PETITIONERS TRIAL |
| 20-8322 | Fabian Perpall v. United States | Eleventh Circuit | 2021-06-15 | Denied | IFP | circuit-split contested-issue criminal-evidence criminal-procedure federal-rules-of-evidence not-guilty-plea plea-of-not-guilty prior-bad-acts rule-404(b) rule-404b state-of-mind | By pleading not guilty, can a defendant make his prior convictions admissible under Rule 404(b) to show "state of mind"? |
| 20-8081 | Melvin Roshard Alfred v. United States | Tenth Circuit | 2021-05-20 | Denied | Response WaivedIFP | criminal-procedure evidence evidence-admissibility federal-rules-of-evidence intrinsic-evidence misconduct-evidence rule-404(b) rule-404b social-media uncharged-misconduct | Whether uncharged misconduct evidence that does not directly prove the charged crime may be deemed "intrinsic evidence" and admitted without the admis… |
| 20-7697 | Matthew Berckmann v. United States | Ninth Circuit | 2021-04-09 | Denied | Response WaivedIFP | criminal-procedure due-process evidence-rule evidence-rule-404(b) evidentiary-standard federal-rules-of-evidence motive-opportunity-intent propensity-evidence rule-404b same-victim victim-testimony | Whether other act evidence under Rule 404(b) that involves the same "victim" (alcoholic husband and wife who fight after drinking too much) is automat… |
| 20-6296 | David Lague v. United States | Ninth Circuit | 2020-11-13 | Denied | IFP | burden-of-proof civil-procedure evidence evidence-admissibility intent prior-acts rule-404(b) rule-404b statistical-comparison statistics unlawful-acts unlawful-intent | Rule 404(b) prohibits evidence of a defendant's uncharged acts that "might adversely reflect on the actor's character," unless the evidence helps prov… |
| 20-5879 | Michael Matthew Phillips v. United States | Fourth Circuit | 2020-10-01 | Denied | Response WaivedIFP | 4th-amendment constructive-possession criminal-law criminal-procedure evidence felon-in-possession firearm-evidence rule-404b rules-of-evidence witness-testimony | 1. Whether evidence that a defendant walked with a person to a public place where the other person retrieved a firearm is sufficient to show that the … |
| 19-7800 | Donald Sheman Bush v. United States | Fourth Circuit | 2020-02-27 | Denied | Response WaivedIFP | abuse-of-discretion circuit-split de-novo de-novo-review evidence-admissibility evidence-rule-404b evidentiary-rules federal-rules-of-evidence-404(b) legal-interpretation other-acts rule-404b standard-of-review | Federal Rule of Evidence 404(b) provides that "evidence of a crime, wrong, or other act is not admissible to prove a person's character in order to sh… |
| 19-7261 | Gibron Lopez v. United States | Second Circuit | 2020-01-13 | Denied | Response WaivedIFP | co-conspirator criminal-procedure criminal-relationship criminal-relationship-development evidence evidence-admissibility evidence-rule-404(b) hobbs-act inextricably-intertwined-evidence intimate-relationship narcotics-sales relationship rule-404(b) rule-404b sexual-relationship trust trust-relationship | 1. Where evidence of prior narcotics sales was introduced at trial to establish both a relationship of trust among co-conspirators, as well as how the… |
| 19-7138 | Michael Blankenship v. United States | Fourth Circuit | 2020-01-06 | Denied | Response WaivedIFP | clean-water-act criminal-procedure environmental-law evidence evidence-admissibility eyewitness-testimony fecal-coliform intent prejudice rule-404(b) rule-404b witness-testimony | 1. Whether in a prosecution for illegally dumping waste into a creek, where a major part of the Government's case was based on eyewitness testimony ab… |
| 19-5550 | Jackie Duncan v. United States | Tenth Circuit | 2019-08-09 | Denied | Response WaivedIFP | 10th-circuit abuse-of-discretion civil-procedure constitutional-vagueness due-process evidence-admissibility federal-courts federal-jurisdiction federal-rules-of-evidence judicial-discretion procedural-error rule-403 rule-404(b) rule-404b standard-of-review | 1. WHETHER THE 10TH CIRCUIT ERRED IN RULING THE WESTERN DISTRICT OF OKLAHOMA DIDN'T ABUSE THEIR DISCRETION? 2. WHETHER ANTHONY JOHNSON. TESTIMONY OUT… |
| 19-5458 | Samantha Winter v. United States | Fourth Circuit | 2019-08-05 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | 4th-amendment 5th-amendment criminal-procedure custodial-interrogation evidence evidence-admission harmless-error miranda-warnings motion-to-suppress rule-404b search-and-seizure warrantless-search | whether-miranda-rights-were-violated |
| 18-9434 | Juan Carlos Rodriguez v. United States | Eleventh Circuit | 2019-05-29 | Denied | Response WaivedIFP | 404(b) 4th-amendment co-defendant-consent consent-search consent-to-search fourth-amendment jury-instructions prior-bad-acts prior-bad-acts-404(b) rule-404b search-and-seizure sentencing sentencing-variance standing-4th-amendment-search-and-seizure standing-to-suppress variance warrantless-search | Whether the trial and appellate court erred in adjudging that Petitioner had no standing to request suppression of evidence obtained from a warrantles… |
| 18-9446 | Davon Kelly Bennett v. United States | Fourth Circuit | 2019-05-28 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure cross-examination custodial-interrogation daubert-standard due-process evidence expert-witness-testimony motion-to-suppress rule-404b sixth-amendment | Whether the District Court deprived Petitioner of his right to confront witnesses |