State v. Johnson
Idaho Supreme Court
148 Idaho 664 (2010)

- Written by Sean Carroll, JD
Facts
David Johnson (defendant) was charged with sexual abuse of his daughter. At trial, the prosecution (plaintiff) sought to introduce evidence that Johnson had sexually abused his little sister when he was 15 years old. The trial court permitted the evidence under the common-plan exception to the general rule prohibiting evidence of a person’s other acts as character evidence. The court found that the circumstances of the prior abuse and the current charge were similar in that both victims were seven or eight years old, both victims viewed Johnson as an authority figure, and Johnson asked both victims to touch his penis. Johnson was convicted, and he appealed.
Rule of Law
Issue
Holding and Reasoning (Jones, J.)
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