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Respondent's Brief - Washington State Courts

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Wn.2d 463, 477, 98 P.3d 795 (2004). The burden is on the appellant to<br />

establish that the trial court abused its discretion." Demery, 144 Wn.2d<br />

at 758.<br />

Cases involving alleged child sex abuse make the child's<br />

credibility 'an inevitable, central issue," and"[w] here the child's<br />

credibility is thus put in issue, a court has broad discretion to admit<br />

evidence corroborating the child's testimony." Kirkman, 159 Wn.2d at<br />

933<br />

Generally, no witness may offer testimony in the form of an<br />

opinion regarding the guilt or veracity of the defendant," or "the veracity<br />

of another witness because such testimony invades the province of the jury<br />

as the fact finder in a trial." Demery, 144 Wn.2d at 759-65; <strong>State</strong> v.<br />

Black, 109 Wn.2d 336, 348, 745 P.2d 12 (1987).<br />

As to the victim, even if there is uncontradicted testimony on a<br />

victim's credibility, the jury is not bound by it," and Uluries are presumed<br />

to have followed the trial court's instructions, absent evidence proving the<br />

contrary." <strong>State</strong> v. Kirkman, 159 Wn.2d 918, 928, 155 P.3d 125 (2007).<br />

Indeed, "[t]he assertion that the province of the jury has been invaded may<br />

often be simple rhetoric." Id.<br />

A witness expresses "opinion testimony" if the witness gives<br />

flestimony based on [his or her] belief or idea rather than on direct<br />

knowledge of facts at issue." Demery, 144 Wn.2d at 760. The<br />

<strong>Washington</strong> <strong>State</strong> Supreme Court has "expressly declined to take an<br />

15 - optest-prosm i scsptri a] -mvdaniel. doe

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