Elmer v. State

Russell 'Elmer appeals from the judgment and sentence entered after a jury found him guilty of three counts of capital sexual battery on a child less than twelve years old. On appeal, Elmer raises six arguments. Among them, he contends the trial court erred in prohibiting him from using a prior inconsistent statement to cross-examine the victim, and in precluding him from calling a detective to offer extrinsic evidence to impeach the victim. We agree and reverse.

The victim, C.J., was the daughter of Elmer’s then-girlfriend, now-wife, Ann. There was a significant delay from the time the sexual…