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Criminal Practice – Prosecution Witness Mental Health – Rule 403 Balancing – Remoteness in Time – Consecutive Sentences

In past cases, our Supreme Court has allowed cross-examination of a prosecution witness about the witness’s past mental health issues under N.C. R. Evid. 611(b); however, the Supreme Court has not eliminated a trial court’s discretion to conduct the balancing test set out in N.C. R. Evid. 403. Here, prosecution witness “Alicia” was 17 when .

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