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Taylor v. Walking Eagle Thunder11/22/2000
This case is a civil lawsuit for damages arising from appellant's sexual seduction of a minor. After a six-day trial, the jury returned a substantial verdict against appellant totaling nearly $250,000.00. On appeal, appellant argues that the district court erred in admitting evidence of a withdrawn guilty plea memorandum and evidence of prior sexual misconduct with a different minor. Appellant also asserts that insufficient evidence supports the jury verdict. We conclude that all of appellant's arguments lack merit, and therefore affirm the district court's judgment.
FACTS
Prior to the commencement of the present civil action, appellant was criminally charged with three counts of statutory sexual seduction. The alleged victim of these crimes was fourteen-year-old Naomi. After agreeing to plead guilty to one count, appellant signed a guilty plea memorandum admitting that he digitally penetrated the victim's vagina. At the time to enter the plea, appellant changed his mind and dismissed his attorney, and the matter was set for trial. Appellant later agreed to plead nolo contendere to one count. The other two counts were dismissed.
By and through her guardian, Naomi initiated the present personal injury action against appellant for the sexual seduction. At trial, Naomi testified that appellant, among other things, penetrated her vagina with his finger and penis and performed cunnilingus on her. Afterward, appellant told Naomi that she did not need to worry about getting pregnant because he had undergone a vasectomy. Because she was scared, Naomi did not tell her mother about the incident until the next evening. Her mother immediately took her to the sheriff's office, where she gave a description of what happened.
Sergeant Jim Steuart of the sheriff's office suggested that Naomi place a call to appellant to confront him about not using a condom, hypothesizing that if Naomi's account of the incident was false then appellant's response would be one of surprise or ignorance. Naomi placed the call, with Steuart listening in, and thereafter Steuart immediately memorialized the conversation in writing, as follows:
"A male voice then answered. Naomi responded, "Russ I'm scared"
Male voice--about what
Naomi--you didn't use a condom last night
Male voice--you don't have to worry about it, there's no problem
Male voice--I told you about it last night
Naomi--you wouldn't lie to me
Male voice--I'm your friend
Male voice--are you coming over tonight
Naomi--no
Male voice--I'll give you your thing this weekend."
Naomi told Steuart that the "thing" appellant referred to was a necklace appellant had promised to give to her.
Naomi's counsel sought to call Barbara Fox-Judd to testify regarding appellant's prior misconduct. Appellant objected and the district court conducted a hearing outside the presence of the jury. Fox-Judd testified that appellant repeatedly performed acts of cunnilingus on her from the time she was eight or nine years old until she was thirteen years old, during which time appellant was her stepfather. At the conclusion of the hearing, the district court determined that: the evidence was relevant with respect to opportunity, intent, or common plan or scheme; the prior wrongs were proven by clear and convincing evidence; and the evidence was more probative than prejudicial. Accordingly, the district court allowed the witness to testify in front of the jury. Immediately prior to her testimony, the district court instructed the jury that it was "not to consider [Fox-Judd's] testimony in t
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