State of South Dakota, Plaintiff and Appellee v. Alfredo L. Vargas, Defendant and Appellant (South Dakota 2015)

Summary

The South Dakota Supreme Court reversed the defendant's conviction for attempted fetal homicide, holding that the crime requires specific intent to cause the death of the unborn child and that the jury instruction failed to require that element. The Court also found the admission of a spousal telephone conversation violated spousal privilege and the Confrontation Clause, and that error was not harmless. It affirmed the trial court’s admission of other‑acts evidence. The decision resolves the defendant’s five asserted issues.

Holding

Whether attempted fetal homicide is a valid crime and requires specific intent to cause the death of the unborn child. Attempted fetal homicide is a valid offense in South Dakota and the State must prove the defendant’s specific intent to cause the death of the unborn child; the jury instruction that omitted this element was erroneous.

Whether admission of the spousal telephone conversation violated spousal privilege and the Confrontation Clause. The admission was erroneous because the communication was confidential, the statutory privilege applied, and the statements were testimonial hearsay not subject to a prior cross‑examination; the error was not harmless.

Whether the trial court abused its discretion in admitting other‑acts evidence under SDCL 19‑19‑404(b). The trial court did not abuse its discretion; the evidence was relevant to a common scheme or plan and its probative value was not substantially outweighed by prejudice.

State of South Dakota, Plaintiff and Appellee v. Alfredo L. Vargas, Defendant and Appellant

Summary

Holding

Cited authorities

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