State v. Durham

ARNOLD, Judge.

The defendant is charged with taking indecent liberties with a five-year-old child. The defendant argues that the child imagined or fantasized that defendant touched her in an indecent manner.

In this appeal defendant contends first that the trial judge erred by not allowing him to cross-examine the child as to the fact that she had experienced “night terrors” and had been treated for them five times at a mental health clinic. The trial judge allowed the defense counsel to question the child’s mother as to these matters for the purposes of attacking the child’s credibility. The…