State of Idaho, Plaintiff/respondent v. David Leon Johnson, Defendant/appellant

Summary

The court held that evidence of Johnson’s prior sexual misconduct with his sister was inadmissible under the rules governing other-acts evidence because the similarities did not establish a common scheme or plan beyond criminal propensity. The error was not harmless because the prosecution’s case depended heavily on the daughter’s testimony and lacked physical or independent corroborating evidence. The court nevertheless upheld the admission of Johnson’s statements about pornography and masturbation as relevant to the mother’s delayed report and as admissions probative of guilt. The judgment was vacated and remanded for further proceedings.