906 N.W.2d 411
S.D.2018Background
- Travis Phillips and Amanda Johnson, married since 2014, had a volatile relationship with allegations of infidelity and control by Phillips.
- In June 2016, Johnson informed Phillips a law enforcement papers were served related to stalking charges against Phillips by Tim DeWitt; Phillips returned home intoxicated and angry.
- Later that evening Phillips yelled at Johnson, blocked exit, and accused her of cheating; Johnson kicked him in the groin and he knocked a box fan off a dresser.
- In the bathroom Phillips allegedly throttled Johnson, blocked her breathing, and threatened to report her on marijuana use; he later threatened to keep their child from her.
- Phillips then took their son and left; Johnson called police after Phillips threw her phone and kidnapped the child; police observed injuries on Johnson.
- Phillips was charged with aggravated assault (domestic) and three counts of simple assault (domestic); the State sought to admit four prior acts as background and motive evidence; circuit court admitted them; trial included expert testimony on abusive dynamics.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of prior acts evidence under 404(b) | Prior acts relevant to motive and relationship. | Evidence is improper propensity evidence and prejudicial. | Prior acts admissible for motive/relationship context; not unduly prejudicial. |
| Ineffective assistance of counsel on direct appeal | Counsel ineffective regarding recusal and expert challenges. | No obvious constitutional deficiency; tactical defense decisions. | No reversible ineffective-assistance error shown on direct appeal. |
Key Cases Cited
- State v. Laible, 594 N.W.2d 328 (S.D. 1999) (prior domestic abuse admissible to show relationship, motive, and state of mind)
- State v. Huber, 789 N.W.2d 283 (S.D. 2010) (relevance of 404(b) in domestic context; prejudice balancing)
- State v. Lassiter, 692 N.W.2d 171 (S.D. 2005) (relationship between victims matters; uncharged acts may show motive when connected)
- State v. Wright, 593 N.W.2d 792 (S.D. 1999) (test for admissibility under 404(b) including non-character purpose)
- Kostel v. Schwartz, 756 N.W.2d 363 (S.D. 2008) (preliminary finding requirement for prior acts evidence)
- Huddleston v. United States, 485 U.S. 681 (U.S. Supreme Court, 1988) (standard for admissibility and review of 404(b) evidence)