Montana Supreme Court
State v. N. Peterson
January 16, 2024415 Mont. 34
Summary
The court held that evidence of Peterson's prior sexual conduct was admissible for the non-propensity purposes of proving motive and intent because his general denial placed those matters at issue. The court nevertheless concluded that the State's extensive presentation and repeated use of the evidence created unfair prejudice that substantially outweighed its probative value, and that the resulting trial error was not harmless. The conviction was therefore reversed and the case remanded for a new trial.