16 years in US Social Security law, primarily disability claim representation
![Appellant also contends that the evidence is insufficient because there was no
sexual assault exam, DNA evidence, or direct testimony from a nurse or doctor to
corroborate N.H.’s testimony. However, “corroboration of the victim’s testimony
by medical or physical evidence is not required.” Wishert v. State, 654 S.W.3d 317,
328 (Tex. App.—Eastland 2022, pet. ref’d). The uncorroborated testimony of a
child victim is sufficient to support a conviction for aggravated sexual assault of a
child. See TEX. CODE CRIM. PROC. ANN. art. 38.07 (West 2023); Wishert, 654
S.W.3d at 328. Further, “[t]he Texas Court of Criminal Appeals has for decades
recognized that child victims cannot be expected to testify with the same clarity and
ability that is expected of mature and capable adults.” Wishert, 654 S.W.3d at 327–
28 (citing Villalon, 791 S.W.2d at 134).
We defer to the jury’s credibility and weight determinations because the jury
is the “sole judge” of witnesses’ credibility and the weight to be given their
testimony. Martin v. State, 635 S.W.3d 672, 679 (Tex. Crim. App. 2021) (quoting
Garcia v. State, 367 S.W.3d 683, 687 (Tex. Crim. App. 2012)); see Jackson, 443
U.S. at 319. As the sole judge of a witness’s credibility, “the jury can believe all,
some, or none of a witness’s testimony.” Metcalf v. State, 597 S.W.3d 847, 855
(Tex. Crim. App. 2020). The jury’s determination to accept N.H.’s version of the
events was a decision based inherently on its evaluation of her credibility, a decision
that is within the jury’s sole province to resolve.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:byaussf56ctvlce4iykj4pun/bafkreiftlyyj2645j5vghcrkiqelcfqxf2pdhdvexyt27h4glbajjtt2a4)
16 years in US Social Security law, primarily disability claim representation