162633P.pdf   08/14/2017  United States  v.  Jade Oldrock
   U.S. Court of Appeals Case No:  16-2633
   U.S. District Court for the District of North Dakota - Fargo   
   [PUBLISHED] [Smith, Author, with Colloton and Kelly, Circuit Judges] 
   Criminal case - Criminal law. In a prosecution for aggravated sexual abuse 
   of a child, the district court did not err in admitting evidence of a 
   similar assault on another child victim as the evidence was relevant and 
   its probative value was not outweighed by unfair prejudice under Rule 403; 
   testimony by forensic examiner concerning the interview process was 
   admissible under Rule 401 as it provided relevant information which helped 
   the jury understand the investigative process; no error in permitting the 
   examiner to testify as a lay witness regarding the forensic process and 
   her personal opinion of the victim's interview; no error in denying a 
   mistrial after the examiner testified that she recommended trauma 
   counseling, no contact with defendant and a medical exam after conducting 
   the exam; while the testimony went beyond the limits the district court 
   had set for the witness's testimony, the court immediately struck the 
   answer and instructed the jury to disregard it, and there is no basis for 
   concluding the jury did not follow the court's directions. Judge Kelly, 
   dissenting.