State v. Talmadge

OPINION

JONES, Vice Chief Justice.

¶ 1 In this case, we review evidentiary rulings that prevented two persons from testifying as expert witnesses on behalf of a defendant charged with eleven counts of criminal child abuse. We conclude, as to one of the experts, Dr. Paterson, that the court’s ruling amounted to an abuse of discretion. By excluding both, the court prevented the defendant from presenting potentially sufficient evidence of the only defense raised. Nothing in the record suggests the preferred defense was trivial or frivolous. We thus remand for a new trial. Jurisdiction is…