State v. Packed

KONENKAMP, Justice.

[¶ 1.] Defendant was convicted in a jury trial of first degree rape and sexual contact with a child who lived in his home. He was sentenced to life plus twenty-five years. Because we conclude that several trial errors deprived him of a fair trial, we reverse and remand for a new trial.

Background

[¶ 2.] E.S.B., who was eight at the time of the incidents in question, lived with Shanna and Fred Packed, Jr. (defendant). The child referred to them as “mom” and “dad,” but Shanna is actually E.S.B.’s maternal grandmother. According to Shanna, E.S.B.’s natural mother, Betty Du-Bray,…