Bo Scott Anderson, Appellant v. Commonwealth of Kentucky, Appellee

Summary

The court held that the trial court improperly admitted testimony identifying the appellant's prior incarceration as being for a similar crime because the evidence was offered for propensity purposes and did not satisfy either exception under KRE 404(b). The court also rejected waiver, explaining that the appellant neither testified nor failed to object to materially identical evidence. Nevertheless, the error was harmless because the Commonwealth presented overwhelming eyewitness and circumstantial evidence, so the judgment was affirmed.