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U.S. v. JOHNSON

No. 93-5071.

27 F.3d 1186 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy Moses JOHNSON, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 12, 1994.

Attorney(s) appearing for the Case

Daniel A. Clancy, U.S. Atty., Joseph C. Murphy, Jr., Asst. U.S. Atty. (briefed), Christopher E. Cotten, Asst. U.S. Atty. (argued) Memphis, TN, for plaintiff-appellee.

Doris A. Randle-Holt (argued and briefed), Memphis, TN, for defendant-appellant.

Before: KEITH, NELSON, and RYAN, Circuit Judges.

RYAN, Circuit Judge, delivered the opinion of the court, in which KEITH, Circuit Judge, joined. DAVID A. NELSON, Circuit Judge (pp. 1194-96), delivered a separate concurring opinion.

RYAN, Circuit Judge.

When a specific intent is an element of a criminal charge, is intent "in issue" such that the prosecution may introduce evidence of other acts of misconduct by the defendant, under Fed.R.Evid. 404(b), regardless of the crime or the defense asserted? This is...

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