Loftus v. State

I concur fully in each division except Division 4. The reason it was not error to refuse to give to the jury defendant’s Request to Charge No. 1 is that it presented to the jury a question which is reserved to the court itself. The reason is not, as the majority opinion rules, that the charge was unnecessary because the court properly charged on resolving issues of credibility.

Defendant sought to have the jury decide the reliability of the children’s out-of-court statements. That issue concerns the admissibility of evidence and is not directed to its credibility or weight. Both cases cited by…