(DOWNLOAD) "North Carolina v. Stafford" by Supreme Court of North Carolina No. 598A85 * eBook PDF Kindle ePub Free
eBook details
- Title: North Carolina v. Stafford
- Author : Supreme Court of North Carolina No. 598A85
- Release Date : January 12, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
The Court of Appeals held in this rape case that it was reversible error to submit certain testimony concerning what a physician described as ""rape trauma syndrome."" Judge Webb, writing for the majority, concluded that insofar as this evidence consisted of statements made to the physician by the prosecuting witness, the physician could not relate them because they were made to him ""in preparation for going to court"" and not for diagnosis and treatment, as required by N.C.G.S. § 8C-1, Rule 803(4).1 Judge Webb concluded further that the statements related by the physician went beyond merely corroborating the prosecuting witness's own testimony. Judge Becton concurred in the result on the ground that the phenomenon referred to as ""rape trauma syndrome"" had not attained sufficient scientific reliability to be admissible as evidence in a criminal case. Judge Martin dissented, concluding there was no error in the admission of any of the physician's testimony. The state appeals.