United States v. Commanche
United States Court of Appeals for the Tenth Circuit
577 F.3d 1261 (2009)

- Written by Sean Carroll, JD
Facts
Bryan Commanche (defendant) was charged with assault resulting in serious bodily injury after he used a box cutter during a fight. Commanche claimed that he did so in self-defense. At trial, the prosecution (plaintiff) sought to introduce evidence under Federal Rule of Evidence 404(b) (Rule 404(b)) that Commanche was twice previously convicted of aggravated battery with a sharp object. The prosecution argued that the evidence was admissible not to show that Commanche had a propensity for battering people but to show that Commanche carried a box cutter as a weapon as opposed to a tool. The trial court admitted the evidence, and Commanche was convicted. Commanche appealed.
Rule of Law
Issue
Holding and Reasoning (Lucero, J.)
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