Idaho v. Anderson

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Darol Anderson appealed his convictions for felony domestic battery and misdemeanor domestic battery, arguing the district court erred when it admitted the preliminary hearing testimony of his alleged victim, Erica Messerly, after finding that she was unavailable to testify at his trial due to mental illness. Anderson also argued the district court abused its discretion when it allowed a responding officer to testify that the injuries that he had observed on Messerly’s person were consistent with her allegations against Anderson. Anderson contended the officer’s testimony constituted impermissible vouching for Messerly’s truthfulness. The Idaho Supreme Court found the district court erred in admitting Messerly’s testimony from the preliminary hearing in this case because the State failed to establish Messerly was unavailable to testify. The Court affirmed the conviction in all other respects. View "Idaho v. Anderson" on Justia Law