State of Tennessee v. Wesley M. Gifford, Jr.-Concurring

I concur in the results reached in the majority opinion.  Indeed, I join in the majority opinion on all but one issue.  I write separately to address the issue of the trial court’s admission of the prior bad act of the Defendant’s exposing himself to Pamela through the back window of a truck “a few days earlier.”  The majority holds that it was error, albeit harmless, for the trial court to admit this evidence under Rule 404(b) of the Rules of Evidence.  The majority concludes that this evidence was only marginally relevant, and, therefore, the risk of unfair prejudice to the Defendant outweighed the relevance of the evidence.  The majority emphasizes that the Defendant also was on trial for indecent exposure.