Petition for Rehearing Denied: February 24, 2020
from the District Court of the First Judicial District, State
of Idaho, Kootenai County. Hon. Cynthia K.C. Meyer, District
of conviction for rape and attempted strangulation, affirmed
D. Fredericksen, State Appellate Public Defender; Maya P.
Waldron, Deputy Appellate Public Defender, Boise, for
appellant. Maya P. Waldron argued.
Lawrence G. Wasden, Attorney General; Lori A Fleming, Deputy
Attorney General, Boise, for respondent. Jeff D. Nye argued.
Lee Joslin, Jr. appeals from his judgment of conviction
entered upon the jury verdict finding him guilty of rape and
attempted strangulation. On appeal, Joslin argues the
district court erred when it allowed Joslins ex-wife to
testify. Specifically, Joslin claims the district court
abused its discretion when it found the ex-wifes testimony
was admissible under Idaho Rule of Evidence 404(b). To the
extent the district court erred in admitting the testimony
from Joslins ex-wife, any such error was harmless and we
affirm the district courts judgment of conviction.
FACTUAL AND PROCEDURAL BACKGROUND
State charged Joslin by information with rape, Idaho Code §
18-6101, and attempted strangulation, I.C. §
18-923. The State also charged Joslin with
being a persistent violator, I. C. § 19-2514.
State filed a motion in limine, pursuant to Rule 404(b),
seeking to admit evidence that in 2006 Joslin entered the
home of his ex-wife, strangled her until she was unconscious,
and raped her. In its brief in support of the motion in
limine, the State argued the evidence of Joslins prior
conduct was admissible because it was part of a common plan
and because it was relevant for purposes of disproving
consent. Joslin objected to the States intent to use ...