United States v. Preston

The Ninth Circuit reversed defendant's conviction on two counts of aggravated sexual abuse of a child. The panel held that there were a number of trial errors and, considering that evidence of guilt was not overwhelming, their cumulative effect prejudiced defendant. The trial errors included the following: (1) improper witness testimony that bolstered the victim's credibility and offered opinion on the credibility of sex abuse allegations in general; (2) prejudicial propensity evidence in the form of defendant's ex-wife's testimony regarding a child-incest fantasy defendant allegedly had in 2003; and (3) prosecutorial misconduct, namely: commenting on defendant's decision not to testify, witness vouching, and misstating the evidence in summation. Accordingly, the panel remanded for a new trial. View "United States v. Preston" on Justia Law