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Rule 414 'reflects a congressional judgment to remove the propensity bar to admissibility of certain evidence' involving similar crimes of child molestation. Martinez v. Cui, 608 F.3d 54, 60 (1st Cir. 2010) (discussing Rule 415, a similar rule for civil cases involving sexual assault or child molestation); see also United States v. Davis, 624 F.3d 508, 512 (2d Cir. 2010) ('[T]he legislative sponsors of Rule 414 expected that convictions within its ambit would normally be admitted and that their prejudicial value would normally not be outweighed by the risk of prejudice.'). As a result, the plain language of Rule 414 would appear to be incompatible with any exclusion of evidence pursuant to Rule 403. Nonetheless, the First Circuit has joined most other circuits in concluding that evidence that is relevant and admissible pursuant to Rules 413, 414 & 415 must still be subject to 'Rule 403 scrutiny.' Martinez, 608 F.3d at 60. Unlike other circuits, the First Circuit has not adopted or announced any special rules or factors courts should consider when a defendant seeks exclusion based on Rule 403 of evidence otherwise admissible under Rule 414. See id. at 60-61 ('Nothing in the test of ...
