Allen v. State, 2013 Ark. 396

Allen was convicted of capital murder and four counts of terroristic act for shooting at a vehicle killing Latonio Quince; Johnson was the driver and uninjured passenger in the vehicle.
Allen’s initial jury trial ended in mistrial; the second trial occurred in 2012 during which the challenged 404(b) testimony was discussed.
Prior to the second trial, the circuit court held a hearing on whether Demetrius Thompson’s testimony about Johnson’s alleged bad acts would be admissible under Rule 404(b).
The State argued the evidence was irrelevant or inadmissible under Rule 404(b) or 608(a); the defense argued it showed Johnson’s modus operandi and other purposes.
The circuit court denied admission of Thompson’s proffered testimony; Allen was convicted on all counts and sentenced to life plus ten years; he appeals solely on the evidentiary ruling.
The Arkansas Supreme Court affirmed, holding the circuit court did not abuse its discretion in excluding the Thompson testimony; a concurring opinion addressed the open-door argument separately.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of Thompson testimony under Rule 404(b)	Allen argues Thompson’s testimony shows Johnson’s modus operandi and relevant motives.	State contends the evidence is not relevant to material issues and not admissible under Rule 404(b) or 608(a).	No abuse of discretion; Thompson testimony was excluded.

Thompson v. State, 306 Ark. 193 (Ark. 1991) (mod status of evidence for MO/intent must be related to the case; not applicable here)
Cook v. State, 345 Ark. 264 (Ark. 2001) (Rule 404(b) admissibility requires independent relevance to a material issue)
Thompson v. State, 306 Ark. 193 (Ark. 1991) (modus operandi evidence requires same method and unique attribution)
Halfacre v. State, 277 Ark. 168 (Ark. 1982) (limits on using other-acts for impeachment and character)
Laswell v. State, 2012 Ark. 201 (Ark. 2012) (abuse-of-discretion standard for evidentiary rulings)