Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Sprouse, 217 N.C. App. 230 (Dec. 6, 2011)
In a child sexual assault case, the trial court erred by allowing a DSS social worker to testify that there had been a substantiation of sex abuse of the victim by the defendant. Citing its opinion in State v. Giddens, 199 N.C. App. 115 (2009), aff’d, 363 N.C. 826 (2010), the court agreed that this constituted an impermissible opinion vouching for the victim’s credibility. However, the court found that unlike Giddens, the error did not rise to the level of plain error.