Gresham v. State

Blackburn, Presiding Judge.

Following a jury trial, David Gresham was convicted of child molestation and incest. He appeals, contending that the trial court erred in applying the Rape Shield Statute 1 to exclude defense evidence. We agree for the reasons set forth below and thus vacate in part and remand for a new trial.

“On appeal from a criminal conviction, the evidence must be construed in a light most favorable to the verdict, and [Gresham] no longer enjoys a presumption of innocence.” Warren v. State. 2 So viewed, the evidence shows that between May 2001 and 2002, the victim,…