Wednesday, April 20, 2005

Theft by deception - other dealings admissible despite ER 404(b)

[CASE] Defendant was prosecuted for theft by deception in his getting a victim to give him title to a Dodge viper without paying the victim $55,000 as he had promised. Could the state introduce evidence of a transaction whereby defendant had gained title to a cruise ship (the Crown Princess Martha) without paying promised money? Division One says yes -- possession of the cruise ship, along with many other assertions about defendant's education, family, investments, and so on, contributed to the trust that led the victim to give him the title pending payment. State v. Mermis, 2005 Wash. App. LEXIS 486 (Wash. App. March 21, 2005) (unpublished) Get a Document - by Citation - 2005 Wash. App. LEXIS 486.

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