OTTO BLACK, PETITIONER,

v.

JOHN H. RUTHERFORD, SHERIFF, STATE OF FLORIDA, ET AL., RESPONDENTS

Citator

Cited By

• Daniels v. State, 4 So. 3d 745 (Fla. 2d DCA 2009)
  …87. We have carefully reviewed the cases cited by the State in support of an affir-mance. These cases do not address Mr. Daniels’ argument and are otherwise inap-posite. Tingle v. State, 536 So. 2d 202, 205 [*749] (Fla.1988), and Quintero v. State, 889 So. 2d 1013, 1013-14 (Fla. 1st DCA 2004), describe the types of opinions that an expert may offer in a child sexual abuse case. However, these cases do not address the nature of the factual basis necessary to support the expert’s opinion. Russ v. State, 934 So.…
• Harrison v. State, 33 So. 3d 727 (Fla. 1st DCA 2010)
  …y in assessing the veracity of a victim of child sexual abuse ‘without usurping their exclusive function by generally testifying about a child’s ability to separate truth from fantasy.’ ” Id. (quoting Azure, 801 F. 2d at 340). See Quintero v. State, 889 So. 2d 1013, 1014 (Fla. 1st DCA 2004). At trial, the alleged victim, then eleven years of age, testified that the appellant twice “rubbed” her “private” seven or [*729] eight years earlier, when she was three or four years old. She testified she did not rememb…
• Othlone Russ v. State, 934 So. 2d 527 (Fla. 3d DCA 2006)
  …36 So. 2d at 205 (holding that testimony may be adduced to “properly aid a jury in assessing the veracity of a victim of child abuse ... by discussing various patterns of consistency in the stories of child sexual abuse victims”); Quintero v. State, 889 So. 2d 1013, 1013 (Fla. 1st DCA 2004) (finding no error in permitting testimony “that child victims do not initially fully disclose in 67% to 70% of child sexual abuse cases”). Last, we find no abuse of discretion in the trial court’s refusal to permit Russ to…