Hadden v. State

690 So. 2d 573, 1997 WL 45050
CourtSupreme Court of Florida
DecidedFebruary 6, 1997
Docket87574, 87918
StatusPublished
Cited by113 cases

This text of 690 So. 2d 573 (Hadden v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hadden v. State, 690 So. 2d 573, 1997 WL 45050 (Fla. 1997).

Opinion

690 So.2d 573 (1997)

Timothy Ray HADDEN, Petitioner,
v.
STATE of Florida, Respondent.
Richard BEAULIEU, Petitioner,
v.
STATE of Florida, Respondent.

Nos. 87574, 87918.

Supreme Court of Florida.

February 6, 1997.
Rehearing Denied March 21, 1997.

*574 Nancy C. Daniels, Public Defender and P. Douglas Brinkmeyer, Assistant Public Defender, Chief, Appellate Intake and Kimberly A. Johnson, Florida State University College of Law, Certified Legal Intern, on behalf of Public Defender's Office, Second Judicial Circuit, Tallahassee, and William F. Jung of Black & Jung, P.A., Tampa, for Petitioners.

Robert A. Butterworth, Attorney General; James W. Rogers, Bureau Chief, Criminal Appeals and Carolyn J. Mosley, Assistant Attorney General, Tallahassee, and Steven J. Guardiano, Assistant Attorney General, Daytona Beach, for Respondent.

WELLS, Justice.

We have for review the decisions of the First District Court of Appeal in Hadden v. State, 670 So.2d 77 (Fla. 1st DCA 1996) (en banc), and the Fifth District Court of Appeal in Beaulieu v. State, 671 So.2d 807 (Fla. 5th DCA 1996), certifying the following question to be of great public importance:

IN VIEW OF THE SUPREME COURT'S HOLDING IN TOWNSEND V. STATE, DOES FLANAGAN V. STATE, REQUIRE APPLICATION OF THE FRYE STANDARD OF ADMISSIBILITY TO TESTIMONY BY A QUALIFIED PSYCHOLOGIST THAT THE ALLEGED VICTIM IN A SEXUAL ABUSE CASE EXHIBITS SYMPTOMS CONSISTENT WITH THOSE OF A CHILD WHO HAS BEEN SEXUALLY ABUSED?

Hadden, 670 So.2d at 83; Beaulieu, 671 So.2d at 811. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answer the certified *575 question in the affirmative. In reaching this decision, we have been greatly aided by the thorough analysis of this issue in Judge Ervin's dissenting opinion in Hadden, Judge Harris's opinion in Beaulieu, and Judge Griffin's opinion in Toro v. State, 642 So.2d 78 (Fla. 5th DCA 1994). We hold that upon proper objection prior to the introduction of a psychologist's expert testimony offered to prove the alleged victim of sexual abuse exhibits symptoms consistent with one who has been sexually abused, the trial court must find that the psychologist's testimony is admissible under the standard for admissibility of novel scientific evidence announced in Frye v. United States, 293 F. 1013 (D.C.Cir. 1923), and adopted in Florida.

Further, we hold that at the present time, a psychologist's opinion that a child exhibits symptoms consistent with what has come to be known as "child sexual abuse accommodation syndrome" (CSAAS)[1] has not been proven by a preponderance of scientific evidence to be generally accepted by a majority of experts in psychology. Therefore, such opinions (which we will refer to as "syndrome testimony") may not be used in a criminal prosecution for child abuse. In such testimony, the expert (usually a psychologist by training) testifies on the basis of studies that children who have been sexually abused develop certain symptoms. For example, in Ward v. State, 519 So.2d 1082, 1083 n. 4 (Fla. 1st DCA 1988), the First District explained the three types of symptoms as

sexual behavior (suggestions of sexual activities, e.g., sexual play with toys); behavioral reactions (extreme passiveness or aggressiveness, changes in eating, underachievement); and emotional reactions (sleep disturbances, physical and depressive reactions).

The psychologist then links the type of syndrome symptoms to the child who is the victim in the case being tried.

Accordingly, we approve Hadden in part to the extent that the district court found the issue of the reliability of the expert opinion preserved, and we quash the remainder of the decision. We remand that case with directions that the case be remanded to the trial court for a new trial.

Likewise, we quash Beaulieu and remand for a determination of whether an objection to the admission of the expert's testimony was properly preserved below on the basis of the testimony not passing a Frye test and for further proceedings consistent with this opinion.

Facts

Timothy Ray Hadden was charged by amended information with three counts of sexual battery on a person under twelve by vaginal penetration with his finger. During the trial, the State proffered out of the jury's presence opinion testimony from a mental health counselor concerning the symptoms and diagnostic criteria typically associated with sexually abused children. Hadden objected to this testimony on the basis that it lacked scientific reliability and that the expert failed to identify enough diagnostic criteria to give an adequate description of the victim's condition. The State argued that the evidence was admissible under Ward, in which the First District found similar testimony admissible as circumstantial evidence of sexual abuse. In Ward, the district court applied a three pronged analysis to determine the admissibility of this evidence: (1) the expert was qualified to express an opinion; (2) the subject area of child abuse was so developed to permit an expert to express an opinion; and (3) child abuse is not so well *576 understood that a properly qualified expert would know more than a lay person. Id. at 1083. The trial court overruled Hadden's objection and allowed the expert to testify. Hadden was thereafter convicted of the lesser charge of lewd assault.

On appeal, the First District affirmed. Hadden v. State, 670 So.2d 77 (Fla. 1st DCA 1996) (en banc). The court recognized our decision in Flanagan v. State, 625 So.2d 827 (Fla.1993), in which we reaffirmed the proposition that new and novel scientific evidence is inadmissible unless it meets the Frye test. This test requires that the scientific principles undergirding this evidence be found by the trial court to be generally accepted by the relevant members of its particular field.[2] Accordingly, the First District framed the issue in this case as whether the scientific expert testimony admitted below was new and novel so as to require Frye testing before its admission. Hadden at 82.

The district court ultimately concluded that for alternate reasons, the testimony in the case did not need to be subject to a Frye test. First, the district court turned to State v. Townsend, 635 So.2d 949, 958 (Fla.1994) (footnote omitted), in which we cited Ward in stating: "[I]f relevant, a medical expert witness may testify as to whether, in the expert's opinion, the behavior of a child is consistent with the behavior of a child who has been sexually abused." The district court reasoned that in view of this Court citing Ward with approval in Townsend this Court concluded that this type of expert testimony was not new or novel and did not require Frye testing. Hadden, 670 So.2d at 82. The district court distinguished our decision in Flanagan on the basis that Flanagan dealt with pedophile-profile evidence, while this case dealt with syndrome evidence. Hadden at 82. The district court found that the pedophile-profile evidence in Flanagan was condemned because the testimony was intended to and did identify the defendant as the likely perpetrator. Hadden.

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Bluebook (online)
690 So. 2d 573, 1997 WL 45050, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hadden-v-state-fla-1997.