State v. Tubbs

Opinion

SPALLONE, J.

The state appeals from the judgment of dismissal rendered by the trial court. The state claims that the trial court improperly refused to allow the state to offer the victim’s testimony for the sole purpose of perfecting the record on appeal and that the trial court abused its discretion in ordering the wholesale disclosure of the victim’s psychiatric records, some of which, as the court itself conceded, were remote in time.

A review of the record, transcripts and briefs discloses that the defendant, David Palmer Tubbs, was *638charged with two counts of sexual assault in the…