Respondent's Brief - Washington State Courts
Respondent's Brief - Washington State Courts
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 />
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