Baine v. State (Mississippi 1992), 604 So. 2d 249

Summary

The court affirmed Baine's conviction and sentence for touching a child for lustful purposes. It held that statements made by the alleged victim to a clinical psychologist for diagnosis and treatment were admissible under the version of Rule 803(4) then in effect, or alternatively that any error was harmless. The court also declined to review the challenge to the psychologist's expert opinion because Baine failed to preserve an objection to the witness's qualifications or the field, and it held that the trial court adequately cured improper testimony by instructing the jury to disregard it.

Holding

Admissibility of the victim's statements to the clinical psychologist. The pre-1991 version of Rule 803(4) was broad enough to admit statements made to a clinical psychologist for purposes of psychological diagnosis or treatment. In any event, any error in admitting the testimony was harmless because the amended rule expressly permits such statements.

Admission of the psychologist's opinion that the victim had been sexually abused. The court would not reverse based on the psychologist's alleged opinion because Baine did not meaningfully argue the issue or preserve a proper objection to the witness's qualifications or to the legitimacy of the field of child-abuse therapy.

Denial of a mistrial after the social worker's improper testimony. The trial court did not abuse its discretion by denying a mistrial because it instructed the jury to disregard the improper testimony and the record did not show irreparable prejudice.

Baine v. State

Summary

Holding

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