Bobbitt v. Eizenga Where the trial court’s findings of fact indicated that the prison in which the plaintiff-father is incarcerated has appropriate facilities for child visitation, the findings do not support the court’s conclusion that prisons are not suitable environments for minor children to visit.

Tagged with: Statutory Rape

State v. Martinez Where a DSS social worker was allowed to testify that she “substantiated” the victim’s claim of sexual abuse by defendant, this testimony unfairly bolstered the victim’s credibility. Since there was no physical evidence of sexual abuse, the essential issue for the jury to consider was the victim’s credibility. Accordingly, there is a reasonable possibility that, had the social worker’s testimony not been admitted, the jury would have reached a different verdict. Defendant is entitled to a new trial.

Tagged with: Criminal Practice Indecent Liberties new trial Statutory Rape

State v. Jennings. (Lawyers Weekly No. 11-07-0073, 15 pp.) (Robert C. Hunter, J.) Appealed from Cabarrus County Superior Court. (Tanya T. Wallace, J.) N.C. App. Click here for the full text of the opinion. Holding: Since law enforcement officers are ...

Tagged with: Cabarrus County Criminal Practice expert witnesses Plain Error Review Rape Statutory Rape