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Keywords

appealtrialtestimonyobjectionoverruledappellantcredibility
defendantappealtrialtestimonyappellantcredibility

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Guest v. State, 201 Ga.App. 506, 411 S.E.2d 364

Facts

The case involved a ten-year-old victim, who was the appellant's daughter. During the trial, Sergeant Steven Waits testified that he believed the victim was credible based on a videotape of her statement, which led him to seek an arrest warrant for the appellant. The defense objected to this testimony, arguing that the credibility of the victim should be determined by the jury, but the trial court overruled the objection.

The record reveals that the victim in this case was appellant's ten-year-old daughter. On direct examination, the State's first witness, Sergeant Steven Waits of the DeKalb County Police Department, testified that upon talking with the police officer who first interviewed the victim and viewing a videotape of her statement, he “felt there was enough evidence to seek a warrant for [appellant's] arrest.”

Issue

Did the trial court err in allowing testimony that bolstered the credibility of the victim, thereby impacting the jury's determination of her credibility?

Did the trial court err in allowing testimony that bolstered the credibility of the victim, thereby impacting the jury's determination of her credibility?

Rule

The credibility of a witness is a matter to be determined by the jury, and it is impermissible for a witness to bolster another's credibility through opinion testimony.

The credibility of a witness is a matter to be determined by the jury under proper instructions from the court.

Analysis

The court found that the testimony from Sergeant Waits improperly bolstered the victim's credibility, which is a determination that should be made by the jury. The court referenced previous cases that established the principle that a witness's credibility cannot be supported by the opinion of another witness, even if that witness is an expert. Since the trial court allowed this testimony, it constituted reversible error.

The court found that the testimony from Sergeant Waits improperly bolstered the victim's credibility, which is a determination that should be made by the jury.

Conclusion

The Court of Appeals reversed the conviction due to the improper admission of testimony that bolstered the victim's credibility.

Judgment reversed.

Who won?

Jerry Charles Guest prevailed in the appeal because the court found that the trial court had committed reversible error by allowing improper testimony regarding the victim's credibility.

The Court of Appeals agreed with the defendant, stating that the introduction of such testimony constituted reversible error.

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