Court of Criminal Appeals of Texas

Andrew Jackson Duckett, Jr., Appellant v. the State of Texas, Appellee

October 10, 19901990 Tex. Crim. App. LEXIS 157

Summary

The Texas Court of Criminal Appeals reversed the Court of Appeals, holding that the trial court did not abuse its discretion in admitting the expert witness John Brogden’s testimony under Tex.R.Crim.Evid. Rule 702. The expert’s explanation of child sexual abuse syndrome elements was deemed admissible to assist the jury, even though it indirectly bolstered the child’s credibility, because the child had been impeached. Justice Teague dissented, arguing the testimony improperly invaded the jury’s province of credibility determination.