Spence v. State

The Supreme Court reversed Defendant's conviction for one count of incest, holding that the district court abused its discretion by permitting the State to use an expert to vouch for the credibility of the alleged victim, AS. On appeal, Defendant argued that the district court erred by allowing AS's counselor to testify that the "underlying basis" of AS's PTSD was her "reported sexual abuse." The Supreme Court affirmed, holding (1) the challenged testimony did more than "incidentally bolster" the credibility of AS; and (2) absent that testimony, there was a reasonable probability that Defendant would have enjoyed a more favorable verdict. View "Spence v. State" on Justia Law