State v. Vuley

Robinson, J.,

¶ 48. dissenting. I do not contest the majority’s thoughtful exposition and organization of the varied applications of the “doctrine of chances,” nor its legal conclusions concerning acceptable versus unacceptable inferences in the face of repeated similar incidents. I dissent because I believe the majority’s conclusion that defendant did not preserve his objection to the court’s doctrine-of-chances instruction is incorrect, and the majority’s reliance on a plain error standard is therefore unwarranted. Moreover, given the majority’s acknowledgment that the erroneous instruction…