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State v. Given

State v. Given, 2015 MT 273 (Sept. 15, 2015) (McGrath, C.J.) (7-0, aff’d)

Issue: (1) Whether the district court abused its discretion in permitting AU to testify about prior sexual abuse by Given; (2) whether the district court abused its discretion when it limited the defense examination of witnesses regarding specific instances of conduct; and (3) whether the district court abused its discretion in admitting testimony from the state’s expert, Wendy Dutton.

Short Answer: (1) No; (2) no; and (3) no.

Affirmed

Facts: In April 2011, Detective Kevin Cunningham responded to a report of sexual abuse of KF, a 10-year-old boy. Cunningham interviewed KF, who disclosed three incidents in which his neighbor, Given, had touched him inappropriately over the past year.…