State v. Walston
Annotate this CaseAfter a jury trial, Defendant was found guilty of one count of first-degree sexual offense, three counts of first-degree rape, and five counts of taking indecent liberties with a minor. The Court of Appeals reversed and ordered a new trial, concluding (1) the trial court erred in prohibiting witness testimony about Defendant’s character of being respectful towards children; and (2) the trial court erred in not substituting the term “alleged victim” for the word “victim” in the pattern jury instructions. The Supreme Court reversed, holding (1) the trial court did not err in prohibiting evidence of Defendant’s respectful attitude towards children, as the proffered evidence was not sufficiently tailored to the State’s charges of child sexual abuse and was thus inadmissible; and (2) the trial court’s use of the term “victim” in the jury instructions was not impermissible commentary on a disputed issue of fact, and therefore, the trial court did not err in denying Defendant’s request to use the phrase “alleged victim” instead of the word “victim” in its charge to the jury.
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