State v. McAlister, 2016 MT 14

Victim A.H., 4 at forensic interview and 5 at trial, disclosed sexual acts by Travis McAlister (non‑biological, father‑figure) including oral and genital penetration; some statements were inconsistent or fantastical.
Detective Scott conducted a forensic interview prompting McAlister’s arrest; State charged sexual intercourse without consent (felony); a separate sexual assault count was later dismissed.
At trial the State presented four expert witnesses who opined that A.H.’s statements and behaviors were consistent with abuse and unlikely to be fabricated; physical exam found no signs of trauma (common in such cases).
McAlister testified, denied any sexual contact, and counsel moved twice for dismissal for insufficient evidence; both motions were denied and the jury convicted.
Sentenced to 100 years with 50 years parole ineligibility, McAlister appealed claiming insufficient evidence and ineffective assistance for failure to call defense experts.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence to support conviction for sexual intercourse without consent	State: A.H.’s testimony and expert corroboration provided sufficient evidence for a rational jury to find elements beyond a reasonable doubt	McAlister: A.H.’s testimony was inconsistent, lacked physical corroboration, and did not definitively identify him	Affirmed — viewing evidence in prosecution’s favor, A.H.’s repeated identification and descriptions sufficed; credibility is for the jury
Ineffective assistance for failing to call expert witnesses	State: Record does not show deficient performance; failure to call an expert not dispositive without more	McAlister: Counsel was ineffective for not presenting an independent expert to rebut State’s experts	Not decided on merits — claim not adequately developed on the record; should be raised in postconviction relief if facts outside record are needed

State v. Swann, 337 Mont. 326 (Mont. 2007) (standard for reviewing denial of motion to dismiss for insufficient evidence)
State v. Rosling, 342 Mont. 1 (Mont. 2008) (insufficient-evidence review requires viewing evidence in light most favorable to prosecution)
State v. Lindberg, 347 Mont. 76 (Mont. 2008) (ineffective-assistance claim elements and mixed question review)
Hagen v. State, 293 Mont. 60 (Mont. 1999) (distinguishing ineffective-assistance claims that must be raised on direct appeal from those requiring postconviction proceedings)
State v. Osborne, 295 Mont. 54 (Mont. 1999) (affirming conviction based on child victim identification despite lack of physical evidence)