## Facts

- Michael Collins and his girlfriend, Tracy Lewis, bought and smoked crack cocaine, then drove to purchase more near Seventh Street and Hickman Road in Des Moines.
- Around midnight, Collins took Lewis’s cell phone, left the car, and walked toward an apartment complex where he had previously bought crack.
- After 15–20 minutes, Lewis heard two gunshot-like “pop pop” sounds, drove toward Seventh and Franklin, and found Collins lying in the grass.
- Earlier that night, Calvin Clarence Nelson Jr. and Dody Lester were at a bar when Nelson received a call; Nelson said he needed to “make things right” with a friend who “wanted some stuff” but only had “gank” (fake crack).
- Nelson and Lester drove to a location near Seventh and Franklin; Lester saw a white male on a cell phone on the corner, later identified as Collins.
- The prosecution’s theory was that Nelson was selling crack, that Collins was in the area to buy drugs, and that Nelson shot Collins because he believed Collins was an undercover officer and feared arrest for drug dealing.
- At trial, the State introduced evidence linked to Nelson’s drug activity, including drugs found in Nelson’s car and a box from a digital scale found in his home, along with related testimony.
- Nelson objected that the drug evidence was irrelevant and impermissible “other acts” evidence offered to prove bad character.
- A jury convicted Nelson of first-degree murder; the court of appeals reversed based on admission of the drug evidence; the Iowa Supreme Court granted further review.

## Issues

1. Whether evidence of Nelson’s drug-dealing activity (including drugs found in his car and a digital-scale box found at his home) was inadmissible “other crimes, wrongs, or acts” evidence under Iowa R. Evid. 5.404(b).
2. Whether the drug-related evidence was offered for permissible non-character purposes (such as motive, intent, corroboration, and context) and, if so, whether its probative value was substantially outweighed by unfair prejudice under Iowa R. Evid. 5.403.

## Decision

- The Iowa Supreme Court vacated the court of appeals’ decision and affirmed the district court judgment.
- The Court held the drug-related evidence was admissible under Iowa R. Evid. 5.404(b) because it was relevant to non-propensity purposes, including motive, intent, and context for the shooting.
- The Court concluded the evidence’s probative value was not substantially outweighed by the danger of unfair prejudice under Iowa R. Evid. 5.403.

## Legal Principles

- Iowa R. Evid. 5.404(b) bars “other acts” evidence when offered solely to prove character and action in conformity with that character, but allows such evidence for non-character purposes, including motive and intent.
- Admissibility under Iowa R. Evid. 5.404(b) requires (1) relevance to a legitimate non-propensity purpose and (2) a Iowa R. Evid. 5.403 determination that probative value is not substantially outweighed by unfair prejudice.
- Drug-related “other acts” evidence may be admissible in a homicide case when it explains why the charged offense occurred, supplies context for the events, and corroborates key witness testimony central to the prosecution’s theory.

## Conclusion

The Iowa Supreme Court reinstated Nelson’s first-degree murder conviction, holding that evidence tied to his drug dealing was properly admitted as non-character evidence to establish motive, intent, and context and to corroborate testimony, and that the trial court did not abuse its discretion under the Rule 5.403 balancing test.


State v. Nelson, 791 N.W.2d 414 (Iowa 2010)