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State v. McKERLEY
397 S.C. 461
S.C. Ct. App.
2012
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Background

  • 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)
Read the full case

Case Details

Case Name: State v. McKERLEY
Court Name: Court of Appeals of South Carolina
Date Published: Mar 28, 2012
Citation: 397 S.C. 461
Docket Number: 4957
Court Abbreviation: S.C. Ct. App.