Butler v. State

While I agree with the majority in Divisions 1, 3, and 4, I must depart from the fold on Division 2 and plot a new course. The majority’s position on Division 2 represents a shortfall on a very significant issue — testimony of children in abuse cases.

I differ from the dissent of Presiding Judge McMurray because it would admit the testimony as being relevant to the proper diagnosis. However, appellant’s enumeration goes deeper than this analysis. While the ultimate issue is one of child molestation, the evidence was offered by the State on the issue of truthfulness, and I choose not to…