Burnett v. First Commercial Trust Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that trial counsel’s failure to object to witness’s testimony describing the circumstances of the victim’s outcry and the victim’s demeanor was not bolstering because the witness did not comment on the veracity of the victim
• “What is forbidden is opinion testimony that directly addresses the credibility of the victim, i.e., ‘I believe the victim; I think the victim is telling the truth.’”
• “What is forbidden is opinion testimony that directly addresses the credibility of the victim, i.e., ‘I believe the victim; I think the victim is telling the truth[.]’” (punctuation omitted)
• improper hearsay evidence was cumulative and thus did not prejudice defendant
• after victim told her aunt defendant put his hand down her pants, aunt stated, “When I asked her what — he really done that, she said yeah . . . And I knew”; testimony was not improper bolstering as it was vague and ambiguous and aunt never elaborated what she knew
• after victim told her aunt defendant put his hand down her pants, aunt stated, “When I asked her what – he really done that, she said yeah . . . And I knew;” testimony was not improper bolstering as it was vague and ambiguous and aunt never elaborated what she knew

Source: CourtListener parenthetical corpus (CC0).