Strain v. Rapid City School Board

SABERS, Justice

(concurring specially).

I concur except on the overly broad language of Issue Three relating to “Prior Bad Acts.” Although evidence of the prior act was admissible under SDCL 19-12-5 because Strain claimed “that any touching that might have occurred was completely innocent or inadvertent,” State v. Titus, 426 N.W.2d 578 (S.D.1988), it was not automatically admissible “to show motive, plan, and lack of mistake,” or “intent,” as the majority implies. See my writings in State v. Perkins, 444 N.W.2d 34, 40 (S.D.1989); State v. Klein, 444 N.W.2d 16, 21 (S.D.1989); Roden v. Solem, 431 N.W.2d 665, 671 (S.D.1988) (Roden II); State v. Champagne, 422 N.W.2d 840, 844 (S.D.1988); and Titus, supra.