State v. Bainbridge

Defendant appeals a judgment of conviction for first-degree rape and third-degree rape. He argues that the trial court erred in admitting an expert’s diagnosis of child sexual abuse in the absence of physical evidence supporting the diagnosis. He also argues that the expert’s testimony was inadmissible because its probative value is substantially outweighed by the risk of unfair prejudice. Finally, defendant contends that the trial court erred in instructing the jury that it could find him guilty by a nonunanimous verdict and by accepting a nonunanimous verdict. We reverse and remand for a…