State v. Rogers

¶1 Donald Rogers (Rogers) appeals from the judgment and sentence entered by the Eleventh Judicial District Court, Flathead County, on a jury verdict finding him guilty of sexual intercourse without consent. We affirm in part and reverse in part.

¶2 We restate the issues on appeal as follows:

¶3 1. Did the District Court abuse its discretion in admitting testimony by the emergency room physician?

¶4 2. Did the District Court abuse its discretion in admitting testimony about previous sexual assaults by Rogers?

BACKGROUND

¶5 On May 29,1997, Rogers met Kristian Gale (Gale) at the Blue Moon Saloon,…