State ex rel. Williams v. Coppedge

414 S.E.2d 81, 105 N.C. App. 470, 1992 N.C. App. LEXIS 259
CourtCourt of Appeals of North Carolina
DecidedMarch 3, 1992
DocketNo. 919DC89
StatusPublished
Cited by3 cases

This text of 414 S.E.2d 81 (State ex rel. Williams v. Coppedge) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Williams v. Coppedge, 414 S.E.2d 81, 105 N.C. App. 470, 1992 N.C. App. LEXIS 259 (N.C. Ct. App. 1992).

Opinions

LEWIS, Judge.

The first issue in this case is whether a court accepted expert in the field of genetic determination of paternity can be permitted to testify that he has an opinion as to whether the defendant in a paternity action is the natural father, but then be denied [472]*472the opportunity to give his opinion. Also at issue is whether the putative father may offer evidence of the mother’s reputation.

On 14 February 1983, Latoya Williams was born out of wedlock to sixteen year old Beverly Williams. Latoya has received, via her caretaker Holly M. Williams, public assistance totaling $10,114.00 as of 30 June 1988. Plaintiff, the North Carolina Child Support Enforcement Agency (Agency), filed suit against Mr. Coppedge, on 1 July 1988, in order to establish paternity and support for the child and to obtain reimbursement for the state funds expended on Latoya’s behalf. At the time of trial, Latoya was seven and Ms. Williams was twenty-three.

The Agency tendered and the court accepted an expert in genetic evaluation of paternity. The expert, an immunologist, testified that he performed blood tests and comparisons on Beverly Williams, Latoya Williams and on William Coppedge. The tests revealed that the probability that Mr. Coppedge was Latoya’s biological father was 99.2%. The court permitted the expert to state this numerical test result and to say that he had an opinion as to whether or not Mr. Coppedge was Latoya’s natural father. Upon objection he was not permitted to testify as to his opinion.

Beverly Williams testified that she first met William Coppedge in early spring and had a monogamous sexual relationship with him from April until the end of 1982. After Latoya was born defendant visited her in the hospital, held the baby, and “brought [the child] stuff.” She alleges that they saw each other on and off for two years; however, after Latoya’s birth, Mr. Coppedge requested that Ms. Williams not reveal their sexual interludes because Ms. Williams’ age at the time of conception would place him in jeopardy of “going to jail” [i.e. for statutory rape].

Mr. Coppedge, on the other hand, denies paternity. He admits that he has known Ms. Williams for nine years, admits their cohabitation, but denies having intimate relations with Ms. Williams until July or August of 1982. Further, he admits to only one sexual contact because he learned of her true age of 15 years. Testifying on behalf of the defendant, a Child Support Enforcement Officer stated that Ms. Williams declined to name anyone as Latoya’s father on the first interview, later named another man, but finally named Mr. Coppedge.

[473]*473Over the State’s objection, Mr. Coppedge was permitted to testify as to Ms. Williams’ sexually promiscuous reputation at the time of Latoya’s conception.

Q: Mr. Coppedge, you need to answer this question yes or no. Do you know of your own knowledge what Beverly Williams’ reputation was concerning her using her body for sex in exchange for drugs and alcohol? Answer yes or no.
Objection.
Overruled.
A: Yes.
COURT: Wait, now. When are you talking about?
In July and August of 1982.
COURT: Overruled. Go ahead.
Q. What is her reputation. . .
COURT:' What was, what was.
Q. What was her reputation during that period of time for using her body for sex in exchange for drugs and alcohol?
Objection.
Overruled.
A: That’s exactly what she was doing.
COURT: No. What was her reputation?
A: That was her reputation. If somebody had some money where they could give her or had some drugs, you know, they was good to go.
Object and move to strike as being not responsive.
Overruled. Motion to strike denied.

The jury found that Mr. Coppedge was not Latoya’s father. The State appeals from imposition of judgment on the verdict.

The State assigns two errors. First, the State claims that the trial court erred in prohibiting the accepted expert’s opinion as to whether Mr. Coppedge is Latoya’s natural father. Second, [474]*474the State claims that it was error for the trial court to permit reputation testimony to discredit Ms. Williams’ veracity.

On the first allegation of error, we find instructive our Supreme Court’s holding in State v. Jackson, 320 N.C. 452, 358 S.E.2d 679 (1987). Though paternity was not a central issue in that rape trial, the Court upheld the following testimony presented at trial by a geneticist regarding the results of a genetic, paternity evaluation:

based on the [blood] tests of the [rape] victim (mother), defendant, and the [victim’s] child, (1) defendant could not be excluded as the father of the victim’s child; (2) the frequency of the defendant’s genes in the black population, based upon a probability that a random man in the population would carry his gene markers is 0.0068, or less than 1%; (3) the “likelihood of paternity” is 93.4% at the low range, 99.21% at the median range, and 99.91% at the high range; (4) the “paternity index,” expressed as an “odds ratio” is, at the low range, 14 to 1; at the median range 126.2 to 1; and at the high range, 1,135 to 1; (5) the likelihood of nonpaternity is 6.6% at the weak level, 0.79% at the median level, and 0.09% at the strong level.

Id. at 456, 358 S.E.2d at 681. Also upheld was the geneticist’s testimony regarding the proper application of the numerical ranges, i.e., that the lower ranges apply if the jury finds that the nongenetic evidence is weak.

The Court overturned the admission of the geneticist’s opinion as to whether the defendant was the father of the rape victim’s child. Probability of paternity is calculated by combining nongenetic with genetic information. Id. at 458, 358 S.E.2d at 682. The nongenetic factor consists of evidence of all the surrounding circumstances such as: the putative father’s access to the mother, the putative father’s fertility, etc. The nongenetic factor is assigned a numerical value based upon the geneticist’s determination of its weight or significance in the present case. Id. at 458-59, 358 S.E.2d at 682. The geneticist then inserts both genetic and nongenetic factors into the appropriate formula and the probability of paternity results.

The Court indicated that the geneticist’s “testimony on the use of the paternity index was unquestionably of assistance to the trier of fact.” Id. at 460, 358 S.E.2d at 683. However, because the probability of paternity was “based not only upon ‘scientific, technical, or other knowledge,’ . . . but also on [the geneticist’s] [475]*475own assumptions about the [nongenetic surrounding circumstances information],... the jury was in as good a position as [the geneticist] to determine whether the defendant was ‘probably’ the father of the victim’s child.” Id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Department of Human Services v. Moore
632 So. 2d 929 (Mississippi Supreme Court, 1994)
Brooks v. Hayes
438 S.E.2d 420 (Court of Appeals of North Carolina, 1993)
Lombroia v. Peek
421 S.E.2d 784 (Court of Appeals of North Carolina, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
414 S.E.2d 81, 105 N.C. App. 470, 1992 N.C. App. LEXIS 259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-williams-v-coppedge-ncctapp-1992.