permitting introduction of "evidence of a victim's emotional state following a sexual assault as proof that the assault, in fact, occurred" and collecting similar cases
How later courts described this case
- permitting introduction of "evidence of a victim's emotional state following a sexual assault as proof that the assault, in fact, occurred" and collecting similar cases
- “[E]vidence that [the victim] visited a rape crisis center for treatment was relevant to prove that she was sexually assaulted.”
- "However, because there is no likelihood that the jury issues, as discussed in Part III.C., will be present at retrial, I do not believe that we should address them. See Ice v. Commonwealth, 667 S.W.2d 671, 680 (Ky.1984) (`Since we have reversed this case for the reasons previously given, we will not discuss the other points raised by appellant inasmuch as they are unlikely to recur on retrial of this case.'); Terry v. Commonwealth, 153 S.W.3d 794, 797 (Ky. 2005) (`We will also address other issues that are likely to recur upon retrial.')."
- “It is improper to permit a witness to testify that another witness has made prior consistent statements, absent an express or implied charge against the declarant of recent fabrication or improper influence. KRE 801A(a)(2). Otherwise, the witness is simply vouching for the truthfulness of the declarant’s statement, which we have held to be reversible error.”
Written by the judges who cited it.
The opinion
Concurring opinion by
Justice ROACH.
As to Appellant’s May 2002 trial, I join Parts III.A., III.B., III.D., III.E. and III.F. of the majority opinion. However, because there is no likelihood that the jury issues, as discussed in Part III.C., will be present at retrial, I do not believe that we should address them. See lce v. Commonwealth, 667 S.W.2d 671, 680 (Ky.1984) (“Since we have reversed this case for the reasons previously given, we will not discuss the other points raised by appellant inasmuch as they are unlikely to recur on retrial of this case.”); Terry v. Common *474 wealth, 153 S.W.3d 794, 797 (Ky.2005) (“We mil also address other issues that are likely to recur upon retrial.”).
As to the March 2003 trial, I join Parts IV.B., IV.C. and IV.D. of the majority opinion. I concur in result only as to Part IV.A.