State v. NicholsAnnotate this Case
After a jury trial, Defendant was found guilty of sexual assault and sexual intercourse without consent. Defendant appealed, raising three allegations of error. The Supreme Court reversed, holding that the district court abused its discretion by allowing the State to elicit testimony from Defendant’s girlfriend and others who knew the couple regarding Defendant’s sexual habits. Further, the tainted evidence was inflammatory in nature and likely contributed to Defendant’s conviction. The district court further erred by permitting a primary investigator to act as both a representative of the State and a witness during trial. Remanded.