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Taylor v. State

There was overwhelming evidence of the defendant's guilt in his trial for child molestation based on an act he admittedly committed against his girlfriend's daughter, and any error in the trial court allowing an expert to testify about an ultimate issue in the case was harmless.

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John Taylor was tried before a jury, convicted of child molestation and denied a new trial. He appeals, claiming that the trial court erred in allowing an expert witness to testify about an ultimate issue in the case and in charging the jury on reasonable doubt. However, Taylor failed to raise an ultimate issue objection to the testimony in question and there is no reasonable possibility that the reasonable doubt charge misled the jury as to the state’s burden of proof. Accordingly, we affirm.

Construed in the light most favorable to the verdict, Jackson v. Virginia, 443 U. S. 307 99 SCt 2781, 61 LE2d 560 1979, the evidence shows that Taylor was the boyfriend of the mother of minor girls N. M. and S. F. when he moved into the family’s home. In January 2011, Taylor began molesting 12-year-old N. M. by touching her vagina and having her massage his penis until he ejaculated. N. M. told her sister and her mother about the abuse. The police were contacted and N. M. described the molestation during a videotaped forensic interview. Taylor subsequently agreed to submit to a polygraph examination, but no polygraph was administered because during the pre-examination interview Taylor admitted that on two occasions N. M. had masturbated him until he ejaculated. After the oral admission, Taylor gave a written admission describing his sexual acts with N. M.

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