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Mark David Barshaw v. the State of Texas

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Johnson, J., delivered the unanimous opinion of the Court.

OPINION

A jury found appellant, Mark Barshaw, guilty of sexual assault.*fn1 The trial court sentenced him to twelve years’ imprisonment.*fn2 The Third Court of Appeals, with one dissenter,*fn3 reversed the conviction and remanded the case for a new trial because the trial court permitted an expert witness to testify that the class of persons to which the complainant belongs tends to be truthful.*fn4 Subsequently, this court granted the state’s petition for discretionary review to determine whether the court of appeals erroneously reviewed only a portion of the record and substituted its judgment as to the credibility of the witnesses for that of the fact finder and thus tainted the harm analysis. After examining the record, we reverse the judgment of the court of appeals and remand this case for a full harm analysis.

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