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North Carolina Supreme Court: Testimony That Improperly Bolstered Victim’s Credibility Was Plain Error
by Douglas Ankney
The Supreme Court of North Carolina upheld a decision of the Court of Appeals (“COA”) that found plain error where an investigator from the Department of Social Services Child Protective Services (“DSS Investigator”) “improperly bolstered or vouched for the victim’s credibility.”
Fifteen-year-old Virginia (a pseudonym) testified that ...
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More from this issue:
- Qualified Immunity - A Legal, Practical, and Moral Failure, by Jay Schweikert
- Ninth Circuit Reverses Dismissal of Suit Challenging Idaho’s Sex Offender Registration Law, by Douglas Ankney
- Column: Raising Successful Federal Habeas Corpus Claims, by Dale Chappell
- Tenth Circuit Vacates Enhancement for Prior Crime of Violence Because it Wasn’t Independently Eligible to Receive Criminal History Points, by Anthony Accurso
- California Court of Appeal: Trial Court Abused Discretion by Denying Romero Motion and Life Sentence for Attempted Robbery Is Cruel and Unusual Under State Constitution, by Douglas Ankney
- Third Circuit Announces Prohibition Against Second Resentencing Under First Step Act Can Be Waived by Government, by Matthew Clarke
- California Court of Appeal: Counsel Ineffective for Failure to Investigate Mental Health History, by Douglas Ankney
- Seventh Circuit Joins Other Circuits Holding Any Crack Cocaine Offense Under § 841 Qualifies for First Step Act Relief, by Dale Chappell
- Michigan Supreme Court: Police Must Limit Search of Cellphone Data to Uncovering Evidence of the Criminal Activity Alleged in Warrant, by Douglas Ankney
- Fifth Circuit: No Qualified Immunity When Police Fatally Beat Unresisting Man Suffering Mental Health Crisis, by Matthew Clarke
- North Carolina Supreme Court: Superior Court Abused Discretion by Flatly Prohibiting Questions on Racial Bias During Voir Dire, by Douglas Ankney
- Texas Court of Criminal Appeals: Witness Testifying Remotely Via Two-Way Video Without Sufficient Reason Violates Confrontation Clause, by Douglas Ankney
- Fifth Circuit: District Court Cannot Delegate to Probation Officer Authority to Impose Inpatient Treatment, by Douglas Ankney
- Kansas Supreme Court: Wrong Standard Used in Review of Plea Withdrawal Motion Requires Remand, by David Reutter
- Indiana Supreme Court: Speedy Trial Right Violated After 6.5 Years Without Retrial, by Anthony Accurso
- Raid on Data Scientist’s Home Underscores Outdated Technology Laws and Unjustifiable Police Use of Force, by Anthony Accurso
- Nevada Supreme Court: Defendant Has Right to Withdraw Plea Where He Wasn’t Informed of Range of Possible Punishments, by Douglas Ankney
- Voters Speak: Dump Tough-On-Crime Prosecutors, Boost Police Oversight, by Dale Chappell
- Texas Supreme Court Announces Factual-Sufficiency Standard of Review in SVP Determinations, by Douglas Ankney
- Ohio Supreme Court: ‘Avoid Impregnating a Woman’ as Probation Condition for Failing to Pay Child Support Unreasonable, by Dale Chappell
- California Court of Appeal: SB 136 Makes Plea Agreement Containing Prior Prison Enhancement Unenforceable, by Douglas Ankney
- ACLU Spotlights FBI’s Encryption-Breaking Tool in Freedom of Information Suit, by Derek Gilna
- North Carolina Supreme Court: Testimony That Improperly Bolstered Victim’s Credibility Was Plain Error, by Douglas Ankney
- Second Circuit Clarifies What Constitutes ‘Possession of a Dangerous Weapon’ and ‘Physical Restraint’ Under the Guidelines, by Dale Chappell
- Ohio Supreme Court: Jury Must Find Use of Force, Not Sentencing Court, for Mandatory Minimum Sentences, by Anthony Accurso
- San Francisco Forensic Analyst’s Arrest on Drug Charges Exposes Flawed Lab, by Derek Gilna
- Montana Supreme Court: Five-Year Delay Violates Speedy Trial and Is Presumptively Prejudicial, by Douglas Ankney
- SCOTUS: RFRA’s ‘Appropriate Damages’ Includes Monetary Awards, by Douglas Ankney
- First Circuit Joins Sister Circuits Holding Hobbs Act Robbery Conspiracy not Crime of Violence for 924(c), by Dale Chappell
- Fatal Shootings by Police Rarely Prosecuted, by Jayson Hawkins
- Misinformation and the Carceral State, by Jayson Hawkins
- Massachusetts Supreme Judicial Court Announces Blood Alcohol Test Results From Blood Drawn Under Court Order but Without Consent Is Inadmissible, by Matthew Clarke
- A 22-Year-Long Path to Justice, by Jayson Hawkins
- Police Departments Buying Teslas, by Anthony Accurso
- Mens Rea: Criminal Liability Should Equal Criminal Intent, by Casey Bastian
- First Circuit: Rehaif Error Rendered Guilty Plea Invalid, by Dale Chappell
- Walter Forbes of Michigan Exonerated After 37 Years in Prison, by Kevin Bliss
- The Need for Legislation Governing Police Use of Robots, by Douglas Ankney
- News in Brief
More from Douglas Ankney:
- Ninth Circuit Revives Complaint Over Sloppy Cell Checks Before Psychotic Detainee’s Death at L.A. Jail, June 1, 2025
- $500,000 for Colorado Detainee Dropped On His Face by Jailers, June 1, 2025
- Tenth Circuit Upholds Nearly $8.8 Million Judgment for Utah Jail Death, June 1, 2025
- Eighth Circuit Excuses Missouri Prisoner’s Failure to Exhaust Remedies While He Was In a Coma, June 1, 2025
- $1.2 Million in Settlements Reached in Suit Over Sacramento Jail Murder, May 1, 2025
- Eleventh Circuit Revives Volunteer Pastor’s First Amendment Claim at Georgia Jail, May 1, 2025
- Wellpath Sanctioned for Discovery Violation in Suit Over Kentucky Prisoner’s Death, May 1, 2025
- Second Circuit Revives Connecticut Prisoner’s Challenge To Conditions In Virginia Lockup Where He Was Transferred, May 1, 2025
- Missouri Pays More Than $1.2 Million for Deputy Warden’s Sexual Harassment Claim Against Warden, May 1, 2025
- Beyond a Reasonable Doubt? Fingerprint Evidence’s Troubling Flaws, April 15, 2025
More from these topics:
- Fourth Circuit Vacates Where Instructions Failed to Inform Jury That Mens Rea of ‘Knowingly or Intentionally’ Applies to ‘Except as Authorized’ in 21 U.S.C. § 841(a)(1), June 15, 2024. Jury Instructions, Essential Elements of Crime, Mens Rea Element, Elements of Offense, Failure to Instruct on Scienter Requirement.
- Montana Supreme Court: Statistical Evidence on False Accusations of Rape Improperly Bolstered Witness Credibility, Jan. 15, 2021. Credibility of Declarant, False Exculpatory Statements.
- Idaho Supreme Court Announces False Rape Allegations May Be Admitted Regardless of When Made, Oct. 15, 2020. Prior Conviction/Sentence/Incarceration, Credibility of Declarant.
- U.S. v. Belevin-Ramales, No. Crim. No. 06-20 (E.D.Ky.) (458 F.Supp.2d 409) (October 18, 2006) (Judge Karen K. Caldwell), Jan. 1, 2007. Punch And Jurists, Elements of Offense.
- U.S. v. Pickett, No. 03-3018 (D.C. Cir.) (353 F.3d 62) (January 9, 2004) (Judge David B. Sentelle), Feb. 1, 2004. Punch And Jurists, Elements of Offense.
- U.S. v. Allen, No. 98-2549 (8th Cir.) (357 F.3d 745) (February 2, 2004) (Judge Michael J. Melloy), Jan. 1, 2004. Punch And Jurists, Elements of Offense.
- U.S. v. Toliver, No. 01-10222 (9th Cir.) (351 F.3d 423) (December 3, 2003) (Judge Richard A. Paez), Nov. 1, 2003. Punch And Jurists, Elements of Offense.
- Richardson v. U.S., No. 97-8629 (U.S. Supreme Court) (526 U.S. 813; 119 S.Ct. 1707) (June 1, 1999) (Justice Breyer), June 14, 2003. Punch And Jurists, Elements of Offense.
- U.S. v. Bynum, No. 02-10016 (9th Cir.) (327 F.3d 986) (April 30, 2003) (Judge Arthur L. Alarcon), April 1, 2003. Punch And Jurists, Elements of Offense.
- U.S. v. Esterman, No. 01-2594 (7th Cir.) (324 F.3d 565) (April 2, 2003) (Judge Diane P. Wood), March 1, 2003. Punch And Jurists, Elements of Offense.
