CUNNINGHAM v. STATE

No. 4D00-667.

801 So.2d 244 (2001)

Uton CUNNINGHAM, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 12, 2001.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.


WARNER, J.

During appellant's trial for sexual battery and lewd assault on a child, the court permitted a psychologist to explain why the child was "emotionally unavailable" to testify in the proceeding. Because the psychologist's testimony amounted to vouching for the credibility of the child's out-of-court statements, was irrelevant to the issues at trial, and was highly prejudicial, we hold that it was error to admit the testimony. We reverse for a new trial.<...

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