Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Giddens, 199 N.C. App. 115 (Aug. 18, 2009)
aff’d, 363 N.C. 826 (Mar. 12, 2010)
Holding, over a dissent, that plain error occurred in a child sex case when the trial court admitted the testimony of a child protective services investigator. The investigator testified that the Department of Social Services (DSS) had “substantiated” the defendant as the perpetrator and that the evidence she gathered caused DSS personnel to believe that the abuse alleged by the victims occurred. Case law holds that a witness may not vouch for the credibility of a victim.
There was dissenting opinion in this case.