State v. Wallace

I respectfully dissent. In my opinion, our cases holding that evidence of other acts of sexual misconduct is admissible in a trial for criminal sexual conduct with a minor as a “common scheme or plan” under Rule 404(b), SCRE, have, in effect, created an exception to the rule’s exclusion of propensity evidence. Compare, e.g., Vogel v. State, 315 Md. 458, 554 *436A.2d 1231 (Ct.App.1989). We have repeatedly held in nonsexual offense cases that, “the mere presence of similarity only serves to enhance the potential for prejudice,” State v. Tuffour, 364 S.C. 497, 613 S.E.2d 814 (Ct.App.2005) vacated on…