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Tag Archives: Statutory Rape

Criminal Practice – Indecent Liberties & Statutory Rape – New Trial – Victim’s Credibility – DSS Substantiation

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.

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Criminal Practice – Statutory Rape – Expert Witnesses – Computer Forensics Expert – Destroying Evidence – Physician – Healing Time – Plain Error Review

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 ...

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