Huddleston v. United States

In Huddleston v. United States, 485 U.S. 681; 108 S Ct 1496; 99 L Ed 2d 771 (1988), the Supreme Court rejected the identical argument with respect to its federal corollary, FRE 404(b), holding that a court is not required to make a factual finding that the prior acts occurred before presenting it to the jury; the court must simply examine the evidence and determine whether the jury could reasonably find that the prior acts actually occurred. Id. at 686-687, 690-691. Pursuant to MRE 404(b) evidence of other crimes, wrongs, or acts is admissible if such evidence is: (1) offered for a proper purpose rather than to prove the defendant's character or propensity to commit a crime; (2) relevant to an issue or fact of consequence at trial; (3) the probative value of the evidence is not substantially outweighed by the danger of unfair prejudice. People v. VanderVliet, 444 Mich 52, 55; 508 NW2d 114 (1993).