Criminal procedure — Rebuttal argument by state — Arguing facts not in evidence
Appellant, Jason Fallin, was charged in the Circuit Court for Charles County with one count of continuing course of conduct against a child, two counts each of third degree sex offense, fourth degree sex offense, sexual abuse of a minor, and second degree assault. Following a trial on April 18-22, 2016, a jury convicted him of one count each of third degree sex offense, sexual abuse of a minor, and second degree assault. Appellant was sentenced to 25 years imprisonment, with all but 21 years suspended for sexual abuse of a minor and 10 years concurrent for third degree sex offense, with 5 years supervised probation. Appellant timely appealed and presents the following questions for our review:
1. Did the trial court err by allowing a witness who was not a social worker to repeat what the child complainant had told her under the tender years exception to the hearsay rule?
2. Did the trial court err by allowing a witness to opine, as an expert, on whether another witness showed signs of fabrication or coaching?
3. Did the trial court err by refusing to give a requested instruction that would have informed jurors that the credibility of another witness is not a proper subject of expert testimony?
4. Did the prosecutor argue facts not in evidence on a key issue in rebuttal closing argument?
5. Did the trial court err by admitting irrelevant evidence of Mr. Fallin’s failure to report himself to Child Protective Services?