CSH Attorney Succeeds in Changing the Law on Repressed Memory Testimony

Highlights:

By persistent and thoughtful arguments, CSH attorney Mincey was able to have all charges against his client dismissed and make it more difficult for prosecutors to present evidence of dubious scientific value at a trial.

Summary:

A woman suddenly began going into trances and speaking like a child, so she was hospitalized and evaluated by psychiatrists. After several months of therapy, she suddenly reported that she had been raped by her father when she was 7. He was subsequently arrested and charged with the crime.

At the time, the law in North Carolina about the admissibility of scientific evidence was vague enough that the testimony about her repressed memory could have been admitted at trial. CSH defense attorney Patrick Mincey, who represented the defendant, made a motion to suppress testimony about it because the scientific community has not accepted the repressed memory recovery. The Court of Appeals and Supreme Court agreed with him, eventually leading to the modification of state evidence rules on what types of scientific evidence are admissible.

After the rulings, the case was sent back to the trial court, but by then it had been seven years since the initial accusation was made. CSH attorney Mincey asked the court to dismiss the charges based on the violation of the defendant’s Sixth Amendment right to a speedy trial, and the motion was granted.

Result/Implications:

CSH attorney Mincey succeeded in not only preventing dubious evidence from being admitted against his client, but also in changing the laws regarding the admissibility of scientific evidence for the state of North Carolina.

Disclaimer: The outcome of a particular case cannot be predicated upon past results.