Appeal on Admissibility of Evidence In Idaho
A two-tiered analysis is employed to determine the admissibility of evidence of other crimes or misconduct.
First, the trial court must determine whether the evidence is relevant and, if so, the court must then determine whether the probative value of the evidence is substantially outweighed by the danger of unfair prejudice. State v. Cochran, 129 Idaho 944, 948, 935 P.2d 207, 211 (Ct. App. 1997); State v. Roach, 109 Idaho 973, 974, 712 P.2d 674, 675 (Ct. App. 1985).
On appeal, we exercise free review of the trial court's determination of relevancy, but we use an abuse of discretion standard of review when considering the trial court's balancing of the probative value of the evidence against the danger of unfair prejudice. Cochran, supra.