State v. Golphin8/25/2000
reasonable time to prepare a defense). Thus, introduction of the report did not violate Kevin's right to confront the witnesses against him. The trial court did not err in admitting Dr. Johnson's report into evidence.
Kevin also argues the report itself contained inadmissible hearsay statements which also violated his right to confront the witnesses against him. Rule 703 provides guidance on the admissibility of expert opinions based on out-of-court communications when presented during the sentencing proceeding:
The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to him at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence. N.C.G.S. § 8C-1, Rule 703 (1999).
Allowing disclosure of the bases of an expert's opinion "is essential to the factfinder's assessment of the credibility and weight to be given to it." State v. Jones, 322 N.C. 406, 412, 368 S.E.2d 844, 847 (1988).
Testimony as to matters offered to show the basis for a physician's opinion and not for the truth of the matters testified to is not hearsay. "We emphasize again that such testimony is not substantive evidence." State v. Wade, 296 N.C. 454, 464, 251 S.E.2d 407, 412 (1979). Its admissibility does not depend on an exception to the hearsay rule, but on the limited purpose for which it is offered. State v. Wood, 306 N.C. 510, 516-17, 294 S.E.2d 310, 313 (1982); see also Jones, 322 N.C. at 412, 368 S.E.2d at 847; State v. Allen, 322 N.C. 176, 184, 367 S.E.2d 626, 630 (1988).
Dr. Johnson's report included comments from unidentified informants on various aspects of Tilmon's character and upbringing, including the relationship Tilmon had with his parents, Tilmon's prior experience with police, Tilmon's demeanor, and the influence Kevin had over Tilmon. Experts in Dr. Johnson's field often rely upon statements such as these to form an opinion. These statements were introduced, not for the truth of the matter asserted, but as non-hearsay evidence to support Dr. Johnson's conclusions. Therefore, the report was admissible.
Kevin further argues the State improperly cross-examined Dr. Warren about Dr. Johnson's report. Pursuant to N.C.G.S. § 8C-1, Rule 705, an expert witness may be cross-examined with regard to "`the underlying facts and data used by expert in reaching his expert opinion,'" including other experts' reports. State v. White, 343 N.C. 378, 393, 471 S.E.2d 593, 602 (quoting State v. Simpson, 341 N.C. 316, 355, 462 S.E.2d 191, 213 (1995), cert. denied, 516 U.S. 1161, 134 L. Ed. 2d 194 (1996)), cert. denied, 519 U.S. 936, 136 L. Ed. 2d 229 (1996).
Assuming arguendo that the report was improperly admitted, any error that may have resulted was harmless beyond a reasonable doubt. Kevin argues that certain statements in the report were "incriminating." However, references to Kevin in the report as "the sly manipulator" and the "bad" brother were not nearly as incriminating as the evidence that Kevin resisted arrest; shot Trooper Lowry several times after he had been rendered helpless; shot Deputy Hathcock after he had been rendered helpless; and according to Kevin's own statement, drove the stolen car past Waters' Jeep so Tilmon could shoot at him. Furthermore, Dr. Johnson's report supported Kevin's mitigating circumstances that he grew up in an unstable environment and that he had previous negative experiences with the police. Kevin was not prejudiced by the State's cross-examination of Dr. Warren.
Accordingly, the trial court did
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 North Carolina DUI Attorneys
DUI Lawyers
|