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Priority review Enforcement Amended Final

State of Delaware v. Bradley Green - Exclusion of Expert Testimony

DE Superior Court Opinions
Filed February 13th, 2026
Detected February 14th, 2026
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Summary

In a criminal case involving child sexual abuse allegations, the Delaware Superior Court ruled on the exclusion of expert testimony. The court considered whether the proposed expert's testimony would impermissibly comment on witness credibility and addressed gatekeeping functions regarding relevance and reliability.

What changed

The Delaware Superior Court addressed the State's motion to exclude the testimony of a defendant's proposed expert forensic psychologist in a child sexual abuse case. The core issue was whether the expert's testimony, particularly regarding the reliability of children's reports and the circumstances of interviews, would constitute impermissible commentary on witness credibility. The court reviewed the expert's report and revised disclosures, which aimed to educate the jury on general empirical findings related to the reliability of children's accounts, memory formation, and interviewing techniques, while explicitly stating the expert would not opine on credibility.

This ruling has implications for how expert testimony is presented in child abuse cases within Delaware's court system. Legal professionals and courts must carefully scrutinize expert disclosures to ensure they adhere to evidentiary rules, particularly concerning witness credibility and the proper scope of expert opinion. While the expert's testimony was intended to inform the jury on relevant scientific findings, the court's gatekeeping function requires a strict assessment of its admissibility to prevent undue prejudice or improper influence on the jury's determination of witness believability. The decision highlights the importance of precise expert disclosures and adherence to established legal standards for expert evidence.

What to do next

  1. Review expert witness disclosures for compliance with evidentiary rules on credibility and relevance.
  2. Ensure expert testimony focuses on providing scientific or technical information rather than commenting on witness believability.
  3. Consult case law regarding the admissibility of expert testimony in child abuse cases.

Source

Analysis generated by AI. Source diff and links are from the original.

Classification

Agency
Federal and State Courts
Filed
February 13th, 2026
Instrument
Enforcement
Legal weight
Binding
Stage
Final
Change scope
Substantive

Who this affects

Applies to
Courts Legal professionals
Geographic scope
State (Delaware)

Taxonomy

Primary area
Criminal Law
Operational domain
Legal
Topics
Expert Testimony Child Abuse Evidence Law

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