subject: North Carolina Sexual Abuse Physical Evidence Expert Opinion Retroactive Application Child Victim Indecent lawyers Attorneys [print this page] STATE OF NORTH CAROLINA v. ANDREW CHANDLER, JR. a/k/a JUNIOR CHANDLER
SUPREME COURT OF NORTH CAROLINA
March 23, 2010, Heard in the Supreme Court
August 27, 2010, Filed
Defendant was convicted in 1987 of five counts of first-degree sexual offense, six counts of taking indecent liberties with a child, and one count of crime against nature in a sexual abuse case involving seven preschool children. On 30 March 2007, defendant filed a motion for appropriate relief under N.C.G.S. 15A-1415(b)(7) in Superior Court, Madison County,contending there had been a significant change in the law pertaining to the admissibility of expert opinion evidence in child sexual abuse cases since the time of his trial and appeal. Defendant argued the law previously allowed an expert to testify that a child was in fact sexually abused absent physical evidence of abuse, but that, since the time of his trial and appeal, such evidence had become inadmissible. Defendant further contended this change in the law was required to be retroactively applied to his case and that the admission of erroneously admitted expert opinion evidence had prejudiced his case. The trial court concluded that " since the trial and conviction of the defendant there has been a significant change in the law favorable to the defendant in that the appellate courts of North Carolina have held that opinion evidence from an expert as to the existence of abuse is not now admissible without significant physical evidence of abuse." The trial court determined defendant was therefore entitled to a new trial with regard to the convictions involving the victim Brandon, and it set aside those convictions accordingly. The State filed a petition for writ of certiorari at the Court of Appeals seeking review of the trial court's order.
Issue:
Whether there has been a significant change in the law in favor of defendant requiring retroactive application?
Observation and Holding:
Rule 702 of the North Carolina Rules of Evidence governs the admissibility of expert testimony and provides, in pertinent part, that scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion." N.C.G.S. 8C-1, Rule 702 (2009). Under the law established in Wilkerson, later set forth by Rule 702 of the North Carolina Rules of Evidence, and subsequently interpreted by this Court in Trent, expert opinion evidence must be based upon the expert's specialized knowledge in order to assist the trier of fact. Trent specifically addressed the requirement that physical evidence support a definitive diagnosis of sexual abuse. Rule 702 and Trent were established law at the time of defendant's direct appeal to this Court. However, the rule has remained constant. Before expert testimony may be admitted, an adequate foundation must be laid. Trent, 320 N.C. at 614, 359 S.E.2d at 465-66. And for expert testimony presenting a definitive diagnosis of sexual abuse, an adequate foundation requires supporting physical evidence of the abuse. Id.; Stancil, 355 N.C. at 266-67, 559 S.E.2d at 789. We therefore conclude there has been no significant change in the law as enumerated in and required by N.C.G.S. 15A-1415(b)(7). Because we conclude there has been no significant change in the law, we need not consider whether retroactive application of such a change, if it existed, would be required.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm's unofficial views of the Justices' opinions. The original opinions should be consulted for their authoritative content
North Carolina Sexual Abuse Physical Evidence Expert Opinion Retroactive Application Child Victim Indecent lawyers Attorneys
By: Atchuthan Sriskandarajah
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