Bishop v. State
In Bishop v. State, 687 P.2d 242, 246 (Wyo. 1984), cert. denied, 469 U.S. 1219 (1985) the Court adopted a five-part test to determine the admissibility of W.R.E. 404(b) evidence:
(1) the extent to which the prosecution plainly, clearly, and convincingly can prove the other similar crimes;
(2) the remoteness in time of those crimes from the charged offense;
(3) the extent to which the evidence of other crimes is introduced for a purpose sanctioned by W.R.E. 404(b);
(4) the extent to which the element of the charged offense, that the evidence is introduced to prove, is actually at issue;
(5) the extent to which the prosecution has a substantial need for the probative value of the evidence of the other crimes.
Each of the five factors need not be satisfied to justify the admission of the evidence but, in most circumstances, the Court noted each would be.