State v. Perry

I concur with the result reached by the majority as to the admissibility of the forensic interviews. I disagree, however, that the jury charge — “time is not a material element of the offense of criminal sexual conduct with a minor” — was proper in this case. Because I would find giving this charge was error that prejudiced Perry, I would reverse.

I. The “Improper Bolstering” Objection

I first address the admissibility of the forensic interviews because my discussion of that issue sets the stage for my explanation of why the jury charge was improper and prejudiced Perry.

Perry objected to the…