Pants on Fire: Character Evidence in Braswell and Toomer

Courts look with particular suspicion on character evidence, and a number of rules seek to confine that sort of evidence to its proper place. Two recent cases illustrate the problem. In State v. Braswell, No. COA25-286 (N.C. Ct. App. Jan. 21, 2026), The Court of Appeals applied Evidence Rule 608 and held the trial court erred by admitting evidence of the victim’s truthful character. In State v. Toomer, No. COA24-1102 (N.C. Ct. App. Feb. 4, 2026), the Court of Appeals applied Rule 609 and held the trial court erred by admitting evidence of a conviction more than 10 years old. This post considers the admissibility of character evidence in Braswell and Toomer. Character Evidence under Rules 608 and 609 Rule 608 governs the admissibility of character evidence to impeach. A witness’s credibility may be supported or attacked by evidence in the form of reputation or opinion with two limitations. First, the evidence may refer only to the witness’s character for truthfulness or untruthfulness. Second, evidence of truthful character is admissible only after the witness’s character for truthfulness has been attacked. N.C. R. Evid. 608(a). The latter provision was anticipated in pre-Rules cases. See State v. Stegmann, 286 N.C. 638, 647 (1975) (attack on victim’s credibility opened door to good character evidence), death sentence vacated, 428 U.S. 902 (1976); State v. Johnson, 282 N.C. 1, 26 (1972) (good character evidence was inadmissible absent attack on credibility). Even after the adoption of Rule 608, however, “the necessity of impeachment as a prerequisite to [...]