Weldy v. State

McMurray, Presiding Judge.

Defendant Michael Calvin Weldy appeals his jury conviction for two counts of aggravated child molestation and two counts of child molestation.

1. Defendant contends the trial court erred in excluding evidence that the four-year-old victim may have falsely accused another person (her babysitter) of child molestation.

Before admitting proof of a victim’s false allegation of sexual misconduct by another, the trial court must make a threshold determination outside the presence of the jury in the exercise of its discretion and determine whether a reasonable probability of…