Toyo Reef Industries, Ltd. v. Waters Enterprises, Inc.

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 performed deficiently in failing to object to vouching by a witness and by the pros- ecutor, where “[t]he record reveal[ed] no way in which peti- tioner’s defense could have benefitted from” the vouching
• inadequate assistance of counsel in failing to object to vouching testimony was prejudicial notwithstanding “the existence of corroborating physical evidence”
• in post-conviction case, concluding that trial counsel’s failure to take corrective steps after admission of “vouching” testimony was prejudicial
• failure of trial counsel to object to the testimony of a vouching witness and prosecutor’s closing argument was inadequate assistance entitling the petitioner to post-conviction relief
• “[T]he concern with vouching testimony—particularly testimony from experts— is that jurors will defer to the vouching witness’s credibil- ity determinations instead of making those determinations themselves.”
• “The holdings in Milbradt, Lupoli, and Southard suggest that it will be the rare case in which reasonable trial strategy will include allowing witnesses— particularly those with pertinent expertise — to vouch for the credibility of people who report sexual abuse.”

Source: CourtListener parenthetical corpus (CC0).