South Carolina v. Simmons

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Petitioner James Simmons Jr. was convicted of criminal sexual conduct (CSC) involving two minors. The minors were Petitioner's twin sons. A key feature of the State's case was the challenged testimony of a pediatrician admitted pursuant to Rule 803(4), SCRE, which provided a hearsay exception for statements made in connection with medical diagnosis or treatment. The court of appeals affirmed, first questioning whether Petitioner's challenge was preserved, and then concluding the pediatrician's testimony was properly admitted. The South Carolina Supreme Court reversed the court of appeals and remanded for a new trial: Petitioner preserved his objection to the pediatrician's purported Rule 803(4), SCRE, testimony, and the admission of the hearsay statements in this case was blatantly improper. "This improper testimony was nothing more than hearsay shrouded in a doctor's white coat, in violation of the South Carolina Rules of Evidence." View "South Carolina v. Simmons" on Justia Law