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FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 36 FROM: CLERK OF SUPREME COURT OF LOUISIANA The Opinions handed down on the 20th day of May, 2003, are as follows: BY KNOLL, J.: 2002-K- 1188 STATE OF LOUISIANA v. AMOS JOHN CHAUVIN (Parish of Terrebonne) (Indecent Behavior with Juveniles - Two Counts) For the foregoing reasons, the ruling of the appellate court is affirmed. This case is remanded to the district court for a new trial consistent with the views expressed herein. AFFIRMED. WEIMER, J., dissents and assigns reasons.

5/20/03 SUPREME COURT OF LOUISIANA NO. 02-K-1188 STATE OF LOUISIANA VERSUS AMOS JOHN CHAUVIN ON WRIT OF CERTIORARI TO THE COURT OF APPEAL FIRST CIRCUIT, PARISH OF TERREBONNE KNOLL, Justice This criminal case concerns the admissibility of expert testimony with regard to Post-Traumatic Stress Disorder (PTSD) of a sexually abused victim. After a jury trial, defendant was convicted of two counts of indecent behavior with juveniles. On appeal, his convictions were reversed and the case remanded to the trial court for a new trial. The majority of the court of appeal held that the trial court erroneously admitted the testimony of the State's expert witness by failing to apply the factors enunciated in Daubert v. Merrell Dow Pharmaceuticals, Inc.,1 and State v. Foret,2 to test the reliability of the theory of post-traumatic stress disorder in the diagnosis of sexual abuse. We granted the State's application for a writ of certiorari to consider the admissibility of this type of expert testimony as substantive evidence bearing on the credibility of the victim's testimony and the question of the accused's guilt or innocence. State v. Chauvin, 02-K-1188 (La. 11/27/02), 831 So.2d 268. FACTS AND PROCEDURAL HISTORY On June 20, 1999, A. C.,3 who was fifteen years old,4 attended a Father's Day
1

509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). 628 So.2d 1116 (La. 1993).

2

This opinion will refer to the minors by their initials, to protect their identities. La. Sup. Ct. Rule XXXII,

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