Articles Posted in LawyerVille

The next case that family law practitioners in Guilford and surrounding counties will find beneficial in the admission of hearsay statements is the case of State v. Hinnant, 523 S.E2d 663, 351 N.C. 277 (2000). According to our fact pattern from Part 1 of our series, the children Aaron and Billy were ages 5 and 3. Let us assume that at the custody trial 5 year old Aaron is permitted to testify about the sexual abuse. However, upon the start of the testimony, Aaron becomes inconsolably upset and cannot be calmed to resume his testimony. What then is the attorney to do? Continue reading →

As we discussed in Part 2 of our series, family law attorneys practicing in Guilford and surrounding counties have difficulty when trying to admit hearsay statements regarding alleged sexual abuse in custody cases. While there may be several ways to have these hearsay statements admitted, it is crucial the attorney determines the most viable hearsay exception that can be applied. In situations where a child has given statements to several professionals at a Children’s Advocacy Center, it can be frustrating as there is a dearth of case law on statements given at Children’s Advocacy Centers. However, a recent case from the N.C. Court of Appeals that is particularly helpful is State v. McLaughlin, No. COA15-333. Continue reading →

In our fact pattern from Part 1 of our series, the first indication of child sexual abuse was in the statements Aaron and Billy made to Grandmother. Family law attorneys in Guilford County would be wise to try to have these statements admitted under the exception in Rule 803(4) on hearsay, “Statements for Purposes of Medical Diagnosis or Treatment.” N.C.G.S. § 8C-1, Rule 803(4). While a practitioner’s first inclination may be to dismiss this hearsay exception as irrelevant since the statements were made to Grandmother who is not a medical professional, this exception is extremely flexible. Continue reading →