Carie v. State

This case presents an opportunity for this Court to clarify and direct the bench and bar regarding whether to instruct a jury in criminal cases that a conviction "may rest upon the uncorroborated testimony of the victim." A majority of my colleagues have decided to deny transfer in this case. There is a significant variance between the trial objection and the issues raised on appeal. Notwithstanding this concern, I would grant transfer to enable this Court to express its disapproval of the future use of such an instruction.

At the defendant's trial for molesting an eleven-year-old girl, one of…