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U.S. v. THOMAS

No. 95-1029.

58 F.3d 1318 (1995)

UNITED STATES of America, Appellant, v. Ronald Wayne THOMAS, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 5, 1995.

Attorney(s) appearing for the Case

Linda Lipe, Asst. U.S. Atty., Little Rock, AR, argued, for appellant.

James Massie, Little Rock, AR, argued for appellee.

Before BOWMAN, Circuit Judge, HENLEY, Senior Circuit Judge, and MAGILL, Circuit Judge.

MAGILL, Circuit Judge.

Under Federal Rule of Evidence 404(b), evidence of prior bad acts is not admissible when introduced solely to support a propensity inference. However, prior bad acts evidence is admissible when used to prove a state of mind that is a material issue at trial. In United States v. Jenkins, 7 F.3d 803, 806 (8th Cir.1993), we held that evidence of prior bad acts is inadmissible whenever the defendant removes...

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