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· 5/3/1991

State v. Wetherbee

Citations

  • 594 A.2d 390
  • 156 Vt. 425
  • 1991 Vt. LEXIS 101

How courts have described this case

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

  • noting that, when an expert comments directly on witness credibility, it invades the province of the jury to determine the credibility of witnesses and creates a risk that the expert will be seen as a “truth detector”
  • explaining that hearing the testimony of a psychological expert, who could be perceived as a “truth detector,” posed greater danger of prejudice to the jury than hearing testimony of a medical doctor focused primarily on physical treatment
  • noting that, when an expert comments directly on witness credibility, it invades the province of the jury to determine the credibility of witnesses and creates a risk that the expert will be seen as a “truth detector”
  • comments of expert who has examined the victim are taken in an entirely different light by the jury
  • allowance of an expert’s testimony related to victim’s credibility is especially prejudicial because “the average juror believes that psychologists are specially trained to ferret out truth”
  • mental health professional who has examined the victim and then testifies as the State’s expert at trial may be perceived by jury as vouching for victim’s credibility

Source: CourtListener parenthetical corpus (CC0).

Judges: Allen, Dooley, Morse, Peck, Cashman

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.