State of Missouri v. Nicklous D. Churchill

Summary

The Supreme Court of Missouri reversed Nicklous D. Churchill's conviction for first-degree statutory sodomy and remanded for a new trial. The court held that an expert witness's testimony that the alleged child sexual abuse "was real" improperly expressed an opinion on the victim's credibility and invaded the province of the jury. The court concluded that the testimony was sufficiently prejudicial to deprive Churchill of a fair trial.

Holdings

1. Particularized expert testimony regarding a specific victim's credibility or whether the alleged abuse occurred is inadmissible because it invades the province of the jury.
2. The trial court committed reversible error by overruling Churchill's objection to testimony that the alleged abuse was real and had occurred, because the testimony improperly bolstered the child's credibility and deprived Churchill of a fair trial.

Questions Presented

1. Whether an expert witness may offer particularized testimony opining that a child sexual-abuse victim was telling the truth or that the alleged abuse actually occurred.
2. Whether the admission of the expert's particularized opinion was sufficiently prejudicial to deprive Churchill of a fair trial and require reversal.

Disposition

reversed_and_remanded