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Green v. State

The trial court did not err in allowing an expert witness to deliver her testimony in narrative form.

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A jury found Calvin Green guilty of child molestation and aggravated child molestation. Green appeals, alleging there was insufficient evidence to support the verdict, the trial court erred in 1 denying his motion for a directed verdict, 2 allowing the victim to read a letter she had written to herself to the jury, and 3 allowing an expert witness to read a report she had prepared to the jury. We find no error and affirm Green’s convictions. 1. The standard of review for the denial of a motion for directed verdict is the same as that for reviewing the sufficiency of the evidence to support a conviction: We view the evidence in the light most favorable to support the jury’s verdict, and the defendant no longer enjoys a presumption of innocence; moreover, this Court determines evidence sufficiency and does not weigh the evidence or determine witness credibility.1 Resolving evidentiary conflicts and inconsistencies, and assessing witness credibility, are matters for the jury, not this Court.2

Viewed in that light, the evidence shows that Calvin Green moved in with the victim, a hearing impaired fifteen-year-old, and her mother. One day during Christmas break, while Green and the victim were alone in the house, Green entered the victim’s bedroom and twice asked if she was a virgin. The victim responded yes and asked Green why he kept asking her the question. Green then pulled the victim’s pajama pants and panties off and put his mouth on her private part. He also touched her on her private part with his hand and put his finger in her private part. The victim told Green to get out of her bedroom, but she was unable to push Green off her and could not move her legs because Green was holding her down. Green told the victim not to tell anyone because “me and your mom would go to jail and I will kill you.”

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