State v. Most
2012 SD 46
| S.D. | 2012Background
- Most lived with K.D.'s grandmother Gail Ford and was her mother's boyfriend; K.D. treated Most as a grandfather.
- K.D. disclosed in 2009, when seventeen, that Most sexually molested her between ages four and eleven.
- Investigation included K.D. forensic interview and recorded phone conversations; Most denied but admitted possible improper touching as accidental.
- Two other family members, L.S. and S.M., reported similar abuse by Most; L.S. later disclosed ongoing abuse and Most admitted to molesting them.
- The State charged Most with four counts of first-degree rape and four counts of sexual contact with a child; Most was tried bench and convicted on the latter four counts.
- Before trial, the State sought to admit remote prior acts evidence from L.S. and S.M.; Most sought to exclude and to admit K.D.’s prior false report; the court ruled on admissibility.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of prior acts evidence | State: evidence relevant to intent and absence of mistake. | Most: too remote and dissimilar to K.D.; risk of prejudice excessive. | Admission affirmed; remoteness balanced with similarity; probative value not outweighed. |
| Admission of K.D.'s prior false report | State: credibility attack permissible if not demonstrably false. | Most: prior report demonstrably false to impeach credibility. | Denied; court found no demonstrably false prior report; probative value not outweighed by prejudice. |
| Sufficiency of the evidence for intent and contact | State: K.D.’s detailed testimony and Most's conduct show intent to gratify sexual desire. | Most: credibility issues; limited access; no clear intent. | Sufficient evidence to sustain convictions; credibility resolved in the State’s favor; access and intent supported. |
Key Cases Cited
- State v. Bruce, 2011 S.D. 14 (S.D. 2011) (standard for admissibility of Rule 404(b) evidence; relevance vs prejudice)
- State v. Huber, 2010 S.D. 63 (S.D. 2010) (weighing remoteness and similarity in Rule 404(b) analysis)
- Fisher, 2010 S.D. 44 (S.D. 2010) (remote prior acts admissible when sufficiently similar and necessary)
- Ondricek, 535 N.W.2d 872 (S.D. 1995) (family-member abuse may require time-spread probative evidence)
- State v. Sieler, 397 N.W.2d 89 (S.D. 1986) (demonstrably false standard for prior sex-crime accusations)