State v. Davis

DILLON, Judge.

*572 *513 Defendant Tyrone Churell Davis appeals from a judgment finding him guilty of second degree rape and sexual battery.

On appeal, Defendant argues that he is entitled to a new trial based on portions of the jury charge and based on inadmissible testimony offered by one of the State's witnesses; namely, the nurse who examined Emma 1 and who was qualified as a "sexual assault nurse examiner" expert.

I. Background

Defendant was indicted and tried for two counts of second degree rape and one count of sexual battery against Emma.

The State's evidence showed as follows. On the night in…