252 A.3d 1236
R.I.2021Background
- Defendant Matthew Sheridan was indicted for first-degree sexual assault alleging oral penetration of a 15-year-old complainant (pseudonym: Jasper); defense maintained the contact was consensual.
- The prosecution disclosed pediatrician/child-abuse expert Dr. Amy Goldberg shortly before trial and the defense moved to exclude her testimony as late, improper expert evidence, and bolstering.
- Dr. Goldberg was qualified and testified (without cross-examination) that, to a reasonable degree of medical certainty, an adolescent male can become erect and ejaculate in response to unwanted tactile stimulation; she had not examined Jasper.
- The trial justice allowed the testimony but limited its foundation to Dr. Goldberg’s training and experience (excluding reliance on medical literature) and delayed her testimony to give defense preparation time; defense did not request further continuance and did not cross-examine.
- During voir dire the prosecutor twice (after an initial admonition) referred to Jasper as the “victim”; defense objected initially but did not move for mistrial or ask for a curative instruction and accepted the jury.
- The jury convicted Sheridan; on appeal he argued the expert disclosure was untimely and prejudicial, the expert invaded the jury’s province, and the prosecutor’s use of “victim” prejudiced the jury. The Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of expert disclosure / discovery remedy | State: late disclosure cured by trial court’s remedy (limiting basis and delaying testimony) | Sheridan: disclosure was tardy and prejudicial; remedy insufficient (no continuance) | Court: no abuse of discretion; remedy was fair, defense acquiesced and received relief (limitations and delay) |
| Admissibility / jury‑province of expert testimony | State: expert testimony on physiological possibility aids jurors beyond lay knowledge | Sheridan: jurors could assess erection/ejaculation reaction without expert; testimony invaded jury’s province | Court: expert testimony was within Rule 702 scope and helpful; not beyond jury’s province; admission proper |
| References to complainant as “victim” during voir dire | State: initial use inadvertent; trial court admonished counsel to avoid term | Sheridan: prosecutor’s repeated use created juror bias that warranted relief | Court: issue waived (no contemporaneous objection/mistrial request and jury accepted); no reversal |
Key Cases Cited
- State v. Rainey, 175 A.3d 1169 (R.I. 2018) (discussing remedies for late discovery and exclusion as drastic)
- State v. Coelho, 454 A.2d 241 (R.I. 1982) (trial judge’s discretion to fashion equitable discovery remedies)
- State v. Adams, 161 A.3d 1182 (R.I. 2017) (timely discovery requirement and appellate deference)
- State v. Roscoe, 198 A.3d 1232 (R.I. 2019) (expert testimony helpfulness threshold)
- State v. Wheeler, 496 A.2d 1382 (R.I. 1985) (weight jurors give expert testimony and helpfulness principle)
- State v. Marte, 92 A.3d 148 (R.I. 2014) (appellate review of discovery rulings)
- State v. Simpson, 595 A.2d 803 (R.I. 1991) (disclosure timing and prejudice analysis)
- Barenbaum v. Richardson, 328 A.2d 731 (R.I. 1974) (no necessity for expert where jury can draw correct conclusions)
