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New Opinion: September 10

Highlight: A district court does not abuse its discretion in denying a mistrial where it sustains objections to brief, volunteered character testimony that was not unduly prejudicial, strikes an offending answer, and offers a curative instruction the defendant never requests; and substantial independent evidence of guilt exists.

Good cause under N.D.R.Ev. 404(b)(3)(C) excuses a lack of pretrial notice where the State twice attempted to file, received no rejection notification the second time, and served the defense before trial; and the defense shows no prejudice.

A district court's failure to make an express Rule 403 balancing finding is error, but it is subject to harmless-error review and does not automatically require reversal.

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