Legal Opinion · Dissent

Foster v. State

Court of Criminal Appeals of Alabama

Decided August 28, 2009No. CR-08-0258Published

1DissentWelch, Judge

I disagree with the majority’s determination, in part II of its unpublished memorandum, that the trial court committed no error when it permitted Investigator Fred Sharp to testify about the victim’s credibility, specifically, whether he believed the victim’s disclosure that she had been raped by Travis Jay Foster. Investigator Sharp’s testimony embraced the ultimate issue in this case and, therefore, that testimony interfered with the jury’s role as fact-finder. Therefore, the testimony should not have been admitted.

“Alabama has long held that the credibility of a witness is a question…

2Cases cited7 opinions

  1. Robinson v. StateCourt of Criminal Appeals of Alabama · 1990
  2. Tims v. StateCourt of Criminal Appeals of Alabama · 1997
  3. Kennedy v. StateCourt of Criminal Appeals of Alabama · 2005
  4. McLeod v. Cannon Oil Corp.Supreme Court of Alabama · 1992
  5. Lee v. StateCourt of Criminal Appeals of Alabama · 1990

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