State v. Smith

I agree with the majority that there was no reversible error in overruling Smith’s objection to the testimony that identified him as the perpetrator. However, I respectfully dissent from the remainder of the majority’s opinion for the following reasons: (1) the State elicited a response from an expert in this case that amounted to an improper comment on the victim’s credibility; and (2) it was a fundamental error of law to allow the victim to refresh his memory with the coached testimony from the first trial that prompted the grant of a new trial.

I. Improper Bolstering and Vouching

In this…