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Respondent's Brief - Washington State Courts

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C. ARGUMENT.<br />

1. THE TRIAL COURT PROPERLY ADMITTED THE<br />

TESTIMONY OF CORNELIA THOMAS BECAUSE<br />

SUCH TESTIMONY PROVIDED THE NECESSARY<br />

CONTEXT THAT ENABLED THE JURY TO ACCESS<br />

THE REASONABLENESS OF THE VICTIM'S<br />

INTERVIEW RESPONSES AND DID NOT<br />

CONSTITUTE IMPROPER OPINION TESTIMONY ON<br />

THE VERACITY OF THE VICTIM,<br />

If properly preserved for appeal, a trial court's decision regarding<br />

the admissibility of testimonial evidence, including opinion testimony,<br />

will only be reversed for a manifest abuse of discretion. <strong>State</strong> v. Aguirre,<br />

168 Wn,2d 350, 359-61, 229 P.3d 669 (2010); <strong>State</strong> v. Young, 158 Wn.<br />

App. 707, 243 P.3d, 172,179 (201 <strong>State</strong> v. George, 150 Wn. App. 110,<br />

117, 206 P.3d 697 (2009). The trial court abuses its discretion "if no<br />

reasonable person would have decided the matter as the trial court did."<br />

<strong>State</strong> v. Thomas, 150 Wn.2d 821, 856, 83 P.3d 970 (2004), review<br />

granted in part, 163 Wn.2d 1033, 187 P.3d 269 (2008). Where "<br />

reasonable persons could take differing views regarding the propriety of<br />

the trial court's actions, the trial court has not abused its discretion." <strong>State</strong><br />

v. Demery, 144 Wn.2d 753, 758, 30 P.3d 1278 (2001). That " is, such<br />

judgments merit reversal only if the trial court acts on unreasonable or<br />

untenable grounds," Aguirre, 168 Wn.2d at 359. However, such a<br />

decision may be affirmed on any ground the record adequately supports,<br />

even if the trial court did not consider that ground, <strong>State</strong> v. Costich, 152<br />

14 - optest-pros m isesptrial-mcdan ic 1. doc

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