Spence v. State

BURKE, Justice.

[¶1] Appellant, Justin N. Spence, challenges his conviction for one count of incest. He contends the district court abused its discretion by allowing the State to elicit improper vouching testimony from an expert witness. We reverse and remand for a new trial.

ISSUE

[¶2] Did the district court abuse its discretion by permitting the State to use an expert to vouch for the credibility of the alleged victim?1

FACTS

[¶3] AS is Mr. Spence's niece. She was 14 at the time of the events at issue. According to AS, on July 4, 2014, she spent the night at Mr. Spence's home. His girlfriend at…