United States v. James T. Whitted

FAGG, Circuit Judge.

James T. Whitted, an American Indian, appeals his jury convictions for three counts of aggravated sexual abuse of a child, 18 U.S.C. §§ 1153(a), 2241(c) (Supp. IV 1986), one count of sexual abuse of a minor or ward, id. §§ 1153(a), 2243, and two counts of incest, id. §• 1153(b), S.D.Codified Laws Ann. § 22-22-1(6) (Supp.1992). By admitting a doctor’s diagnosis that the alleged victim, Whitted’s daughter, L., had been repeatedly sexually abused, the district court committed a plain, prejudicial error that seriously affected the trial’s fairness. We thus reverse Whitted’s…