The State, Respondent v. James Simmons Jr., Petitioner.

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.