United States Eighth Circuit

In a child molestation case, the court erred in admitting testimony from witnesses who testified the defendant had sexually suggestive encounters with them as minors, because these incidents were not attempted sexual acts or contact and so were not admissible under FRE Rule 413 or Rule 404(b).

Appellate Information

• Decided 06/23/2004
• Published 06/23/2004

Judges

• MORRIS SHEPPARD ARNOLD, Circuit Judge., Before MORRIS SHEPPARD ARNOLD, HANSEN, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Timothy Joseph Langley, Asst. Federal Public Defender, argued, Sioux Falls, SD (Edward G. Albright, Asst. Federal Public Defender, of Pierre, SD, on the brief), for appellant.


• For Appellees:
  
• Dennis Ray Holmes, Asst. U.S. Atty., argued, Sioux Falls, SD, for appellee.