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EVIDENCE, VOUCHING
J.F. v. State,
COCA Case No.
J-1999-105, (Oct. 1, 1999)
(Juvenile Adjudication, Accomplice Corroboration, accomplices may not be
used to corroborate each other)
Bucsok, Randy v. State, COCA Case No.
F-2000-1156, (Aug. 28, 2001)
(Evidence, Competency of Witness, Discovery)
Dodson, Wesley Wayne v. State, COCA Case No.
F-2005-97 (October 4, 2006)
(Due Process; 6th Amendment; Evidence, Vouching) Trial court
erred in failing to excuse a biased juror for cause; and in not making specific
findings regarding reliability of victim’s hearsay statements under 2803.1.
Witness impermissibly vouched for victims. Reversed and remanded for new trial.
Fire, Brian Wheatley v. State, COCA Case No. F-2002-548
(August 6, 2003)
(Prosecutorial Misconduct; Evidence - Vouching) Social worker improperly
vouched for credibility of victim. Prosecutor repeatedly impeached Appellant
with his post-arrest silence. Reversed and remanded for new trial.
Grieves, William, F-1999-589, May 24, 2000
McBrayer, Patrick v. State, COCA Case No. F-1998-375,
(May 21, 1999)
(Evidence, Coercion of Jailhouse Informant, Trial Court Bias)
Noble, Terriss Donahue v. State, COCA Case No.
F-2004-1065 (August 12, 2005)
(Evidence, Vouching; Prosecutorial Misconduct) Welfare worker improperly
testified that victim was truthful; trial court erred in denying requested
instruction on impeachment; prosecutor improperly referred to defendant as a
“monster.” Cumulative effect of errors required reversal. Reversed and remanded
for new trial.
Ray, Gene Paul v. State, COCA Case No. F-2001-338
(September 6, 2002)
(Evidence - Expert Testimony; Evidence - Vouching; Evidence - Other Crimes. )
Trial Court committed reversible error when it allowed a Special Advocate to
prosecute Appellant; admitted evidence regarding "Child Accommodation
Syndrome" was misused; the State bolstered alleged child victims' testimony
by first presenting hearsay testimony of their parents; and when it allowed the
State to improperly impeach the Appellant. Reversed and remanded for new trial.
Resendez, Robert v. State,
COCA Case No. F-1998-921, (Sept. 17, 1999)
(Evidence, Expert Testimony, vouching for truthfulness of prosecutrix)
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