Devincentz v. State

At issue in this criminal case was (1) whether a witness’s statement that another witness “would not tell the truth about certain things[,]” was admissible as a personal opinion about that witness’s character for truthfulness; and (2) whether the trial court erred by prohibiting a witness’s testimony about out-of-court threats the complainant made during an argument with Defendant. A jury found Defendant guilty of sexual abuse of a minor and second-degree assault. The Court of Special Appeals affirmed the conviction. The Court of Appeals reversed, holding (1) the trial court erred by prohibiting a witness’s testimony regarding the complainant’s truthfulness because character evidence was relevant to the proceeding, and the witness had an adequate basis to offer the opinion; and (2) the trial court erred in excluding the witness’s testimony that the complainant, during a fight, was saying things that she could do to get Defendant in trouble because it was offered as nonhearsay impeachment evidence offered for the fact that the statement was made. View "Devincentz v. State" on Justia Law

Posted in: Criminal Law

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