· 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 CourtListenerSourced 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.