Criminal Practice – Sexual Offense & Indecent Liberties – Evidence – Defendant’s Writings – Personality Test Results
By North Carolina Lawyers Weekly Staff
Published: June 22,2012
State v. Davis The state presented (1) evidence that defendant’s son’s underwear was stained with sperm that closely matched defendant’s DNA profile, (2) the child’s testimony that his father put “his private part in my mouth and my butt,” and (3) substantial corroborative evidence; however, defendant presented evidence (1) that defendant’s ex-wife could have placed his sperm in their son’s underwear, (2) of the ex-wife’s possible coaching of the child, and (3) of the conflict between defendant and his ex-wife. In light of this conflicting evidence, there is a reasonable possibility that the jury would have reached a different verdict if the trial court had not improperly admitted evidence of defendant’s composition-book entry in which he apparently confessed to anally raping an adult woman and of an expert assessment that defendant was a psychopathic deviant.