Supreme Court of South Carolina
The State, Respondent v. James Simmons Jr., Petitioner.
June 27, 2018816 S.E.2d 566
Summary
The South Carolina Supreme Court reversed the Court of Appeals and remanded for a new trial, holding that the petitioner’s objection to the pediatrician’s testimony was preserved, the testimony was improperly admitted under Rule 803(4) because it was not made for medical diagnosis or treatment, and the error was not harmless beyond a reasonable doubt. The decision rested on the improper admission of hearsay and the failure to meet the harmless error standard.
Holding
- Whether the petitioner’s objection to the pediatrician’s testimony was preserved for appellate review. The objection was properly preserved because it was timely and specific, satisfying the four preservation requirements.
- Whether the pediatrician’s testimony concerning the minors’ statements was admissible under the Rule 803(4) hearsay exception for statements made for medical diagnosis or treatment. The testimony was improperly admitted because the statements were not made for the purpose of medical diagnosis or treatment and thus fell outside Rule 803(4).
- Whether the error, if any, was harmless beyond a reasonable doubt. The error was not harmless beyond a reasonable doubt, warranting reversal of the convictions.
Docket Appellate Case 2016-001934; Opinion 27819