Tennessee Supreme Court
State of Tennessee, Appellee v. Carl Lee McLeod, Appellant; State of Tennessee, Appellee, v. James Young, Appellant
October 14, 19961996 Tenn. LEXIS 647
Summary
The Tennessee Supreme Court clarified that admissibility of child statements under Tenn. R. Evid. 803(4) requires a pre‑trial evidentiary hearing outside the jury’s presence and an affirmative finding that the rule’s conditions are met. It affirmed Carl Lee McLeod’s conviction, holding the child’s statements were properly admitted, and affirmed James Young’s conviction, holding the admission of the child’s statements was erroneous but harmless.
Holding
- Whether a trial court must hold a pre‑trial evidentiary hearing outside the jury’s presence and make an affirmative finding that a child’s statement satisfies Tenn. R. Evid. 803(4).. The trial court shall conduct an evidentiary hearing outside the jury’s presence and admit the statement only upon an affirmative finding that the Rule’s conditions are satisfied.
- Whether the statements made by the child in McLeod’s case were admissible under Rule 803(4).. The admission of the child’s statements was proper and did not constitute an abuse of discretion.
- Whether the statements made by the child in Young’s case were admissible under Rule 803(4) and, if erroneous, whether the error was harmless.. The admission was an abuse of discretion, but the error was harmless because other evidence conclusively proved the defendant’s guilt.
Cited authorities
- Tenn. R. Evid. 803(4)
- Rule 803(4)
- Rule 803(4)
- Tenn. R. Evid. 803(4)
- Rule 803(4)
- Rule 803(4)
- Rule 803(4)
- Tenn. R. Evid. 104