State v. Von Niederhausern

MORTENSEN, Judge:

¶1 Defendant Lamont Stephen Von Niederhausern allegedly sexually assaulted his adult daughter, Victim, on four separate occasions. The State charged Defendant with two of the four alleged incidents. At trial, the State moved to introduce evidence of the other two incidents under rule 404(b). The trial court allowed the evidence, despite Defendant's objection, and issued a limiting instruction. The trial court also employed-without objection-a jury instruction based on statutorily undefined terms which the court defined for the purpose of the instruction by using dictionaries.…