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181008P.pdf 04/11/2019 United States v. Lonnie Dale Spotted Bear
U.S. Court of Appeals Case No: 18-1008
U.S. District Court for the District of North Dakota - Bismarck
[PUBLISHED] [Stras, Author, with Colloton, and Shepherd, Circuit Judges]
Criminal case - Criminal law. In this prosecution for sexual abuse of
female minors, the district court did not err in allowing the government
to play video recordings of the victims' forensic interviews for the jury;
with respect to one of the videos, defendant opened the door to its
admission by suggesting during his questioning of the forensic expert that
the victim had changed her story during the interview; defendant did not
object to the admission of the other videos and he cannot show, under the
plain-error standard, that the admission of the videos affected his
substantial rights in that the videos were cumulative and the evidence of
his guilt was strong