STATE v. DeVINCENTIS

No. 72819-4.

74 P.3d 119 (2003)

150 Wash.2d 11

STATE of Washington, Respondent, v. Louis A. DeVINCENTIS, Petitioner.

Supreme Court of Washington, En Banc.

Decided August 14, 2003.


Attorney(s) appearing for the Case

Suzanne Elliott, James Roe, Seattle, for Petitioner.

Norm Maleng, King County Prosecutor, James Whisman, Deputy, Heather Jensen, Deputy, Seattle, for Respondent.

Washington Appellate Project, Thomas Kummerow, Gregory Link, Seattle, Amicus Curiae on Behalf of Wa. Assoc. of Criminal Defense Lawyers.


JOHNSON, J.

This case involves the issue of whether admitting evidence of prior misconduct as a common scheme or plan under Evidence Rule (ER) 404(b) requires that the evidence show a unique or atypical method of committing the crime, or merely show sufficient similarities to suggest a common scheme or plan. In a prior case, Division Two of the Court of Appeals held that the common scheme or plan exception requires the similarities...

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