Smith's Criminal Case Compendium

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State v. Webb, 197 N.C. App. 619 (Jun. 16, 2009)

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Evidence > Prior Acts--404(b) Evidence > Evidence Inadmissible

In a child sexual abuse case, 404(b) evidence that the defendant abused two witnesses 21 and 31 years ago was improperly admitted. In light the fact that the prior incidents were decades old, more was required in terms of similarity than that the victims were young girls in the defendant’s care, the incidents happened in the defendant’s home, and the defendant told the victims not to report his behavior.