Experts in Child Sex Cases: Reversible Error in a Recent Case
The recent case, State v. Ryan, presents an issue that keeps our appellate courts busy: the proper scope of expert testimony in child sexual abuse cases. In Ryan, after the […]
December 3, 2012
California Tackles Substitute Analysts Post-Williams
In a paper here I analyze Williams v. Illinois, the U.S. Supreme Court’s latest confrontation decision on substitute analyst testimony. Because Williams was a fractured opinion in which no rationale […]
October 18, 2012
Expert Testimony: “The Child Was Sexually Abused”
Child sexual abuse cases raise a bevy of evidence issues. One recurring issue is this: Is it permissible for the State’s expert to testify that sexual abuse in fact occurred? […]
October 17, 2012
State v. Wilkerson and the Authentication of Electronic Evidence
I recently heard a police detective say that the internet was the worst thing that ever happened to law enforcement. He explained that before advent of the internet, criminals had […]
September 19, 2012
Applying Rule 403 in Child Pornography Cases
Rule 403 provides that “[a]lthough relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice . . . needless presentation of cumulative […]
September 6, 2012
Sexual Practices and Substantial Similarity
A couple of weeks ago, the court of appeals decided State v. Davis, __ N.C. App. __ (2012). For prosecutors, defense lawyers, and judges handling sex crime cases, it’s a […]
September 4, 2012
When Do The Evidence Rules Apply?
An interesting thing happened to me recently at a cocktail party. Before you get too excited let me say that this is a PG blog post! And it’s about the […]
August 7, 2012
Crawford’s Implications on the Bruton Rule
In yesterday’s post I set out the basics of the Bruton rule. Put simply, Bruton v. United States, 391 U.S. 123 (1968), held that a defendant’s confrontation clause rights are […]
August 6, 2012
The Bruton Rule: A Primer
Although recent confrontation clause litigation has focused on the new Crawford rule, the Bruton rule continues to create issues in joint trials of codefendants. In this post I’ll give you […]
July 16, 2012
Repressed Memory Evidence
In State v. King, the N.C. Supreme Court recently clarified the rules regarding the admissibility of repressed memory evidence. In King the defendant was charged with sexually assaulting his daughter, […]
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