Scamardo v. State (Majority)
Annotate this CaseAfter a jury trial, Appellant was convicted of sexual assault in the second degree. The Supreme Court reversed the conviction and remanded for a new trial, holding (1) the testimony of a witness regarding a prior inconsistent statement made by the victim should have been allowed into evidence as impeachment evidence, and because the victim's credibility was a major consideration for the jury, the error was not harmless; and (2) pursuant to Bing v. State, the circuit court erred by admitting hearsay evidence when it allowed the victim's father to testify as to what she had told him about the incident one month after it occurred.
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