McCarthy v. State

On Petition to Transfer

RUCKER, Justice.

Case Summary

A jury convicted Timothy McCarthy of one count of sexual misconduct with a minor as a Class B felony and one count of sexual misconduct with a minor as a Class C felony. On initial review McCarthy raised several issues. Finding one issue dispositive, the Court of Appeals reversed the convictions and remanded the cause for a new trial. More specifically, the Court of Appeals determined that the trial court erred in limiting McCarthy’s right to cross-examine a witness on the question of bias and that the error was per se reversible. McCarthy v.…