Is evidence that is "inextricably intertwined" with the crime charged under section 404(b) of the Criminal Code considered to be "other acts" in a criminal case?
MultiRegion, United States of America
The following excerpt is from U.S. v. Rodriguez-Salcedo, 35 F.3d 573 (9th Cir. 1994):
Evidence should not be regarded as 404(b) evidence when it concerns acts "inextricably intertwined" with the crime charged. United States v. Soliman, 813 F.2d 277, 279 (9th Cir.1987). The policies underlying 404(b) are inapplicable when "some offenses committed in a single criminal episode become 'other acts' because the defendant is indicted for less than all of his actions." Id. (emphasis added)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can the notebooks used as evidence under Section 404(b) of the Criminal Code be taken as evidence in a criminal case? (MultiRegion, United States of America)
Does Rule 404(b) of the Criminal Code allow evidence of other crimes, wrongs or acts to be admitted for purposes other than showing a defendant's criminal propensity? (MultiRegion, United States of America)
Does Rule 404(b) of the Criminal Code allow evidence of other crimes, wrongs or acts to be admitted for purposes other than showing a defendant's criminal propensity? (MultiRegion, United States of America)
Is evidence of prior criminal activity not subject to the strictures of Rule 404(b) if it is "inextricably intertwined" with the charged offense? (MultiRegion, United States of America)
What is the test for evidence of prior act or subsequent act in the context of Section 404(b) of the Criminal Code? (MultiRegion, United States of America)
Can a conviction under Section 2244(b) of the Criminal Code be challenged under the Criminal Prosecutions Act? (MultiRegion, United States of America)
Can Section 2(b) of the Criminal Code be used as a substitute for Section 3(b)? (MultiRegion, United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
If a defendant is convicted of a charge under Section 1983 of the Criminal Code, can they seek damages under the same section after pleading guilty to the same charge? (MultiRegion, United States of America)
