State v. Chamley

[¶ 48.] I respectfully dissent from the majority on issues 1 through 3, and concur on issue 4.1 would uphold Chamley’s conviction.

[¶ 49.] 1. Did the trial court abuse its discretion in admitting “prior bad acts” evidence involving Chamley’s alleged sexual misconduct.

[¶ 50.] In order to find that a trial court has abused its discretion, we must find that the trial court’s decision “is not justified by, and clearly against, reason and evidence.” Dakota Cheese v. Taylor, 525 N.W.2d 713, 715 (S.D.1995). Because we cannot substitute our reasoning for the trial court’s, “the question is not…