State v. Salazar-Mercado
Annotate this CaseDefendant was indicted on multiple counts of child molestation and sexual conduct with a minor under age fifteen, and the case proceeded to trial. An expert witness for the State testified during trial, explaining in general how children perceive sexual abuse and describing behaviors involving disclosure of abuse. The jury found Defendant guilty on all but two counts. Defendant appealed the admission of the testimony, arguing that the testimony was barred by Ariz. R. Evid. 702 because it was “cold” in that it educated the jury about general principles but was not tied to the particular facts of the case. The Supreme Court affirmed, holding that the trial court did not abuse its discretion by admitting the expert testimony, as Rule 702(d) does not bar the admission of “cold” expert testimony that educates the trier of fact about general principles without considering the particular facts of the case.
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