State v. McKERLEY
397 S.C. 461
S.C. Ct. App.2012Background
- McKerley was tried for criminal sexual conduct with a minor and lewd act on a child under sixteen regarding his seven-year-old daughter.
- The victim testified in detail about the alleged abuse; Heather Smith, a forensic interviewer, testified about two interviews with the victim.
- McKerley objected to Smith's testimony as commenting on credibility and bolstering the victim's account.
- The trial court admitted Smith's testimony, including statements interpreted as indicating Smith believed the victim's statements.
- Jury found McKerley guilty and the court sentenced him to 25 years for CSC and 15 years concurrent for lewd act.
- The court of appeals reversed and remanded for a new trial due to Smith’s testimony bolstering credibility.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Smith's testimony bolstered credibility was admissible | McKerley | State | Admission reversed; inadmissible bolstering |
| Whether the error was harmless | McKerley | State | Not harmless; error contributed to verdict |
Key Cases Cited
- State v. Jennings, 394 S.C. 473 (2011) (forensic interviewer's testimony about veracity inadmissible)
- Burgess v. State, 329 S.C. 88 (1998) (improper to have witness comment on truthfulness of another)
- State v. Sapps, 295 S.C. 484 (1988) (improper for solicitor to ask if others lied)
- Smith v. State, 386 S.C. 562 (2010) (forensic interviewer's opinion testimony bolstered credibility)
- State v. Wright, 269 S.C. 414 (1977) (credibility assessment is jury's province)
