North Carolina Lawyers Weekly
During defendant’s cross-examination of a prosecution witness, defendant introduced letters the witness had written to defense counsel, offering to change his statement to “get [defendant] out of trouble.” Since the state did not mention the letters on direct examination, defense ...
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Criminal Practice – Right to Final Closing – Evidence Introduction – Cross-Examination
Criminal Practice – Rape – Evidence – Hearsay – Rape Kit – Medical Diagnosis – Other Bad Acts – Penetration 
In this cold case stemming from a 1985 assault, the trial court properly permitted a physician to testify about the rape kit he obtained during his examination and treatment of the victim. We find no error in defendant’s convictions of ...
Read More »Criminal Practice – False Pretenses – Roof Repairs – Indictment Allegations – False Representation
Where the indictments for obtaining property by false pretense alleged that defendant’s “false pretense consisted of the following: collecting money to conduct home repairs at [the specified address] and then failing to initiate said repairs,” and where the indictments alleged ...
Read More »Criminal Practice – Presentment & Indictment – State v. Baker
After defendant was arrested and charged with impaired driving and failure to maintain lane control by uniform citation on Sept. 21, 2014, a grand jury returned a presentment and indictment on the charge in superior court on Feb. 27, 2017. ...
Read More »Criminal Practice – Incest & Rape of a Child – Expert Testimony – ‘Assault’ – Aggravating Factor – Position of Trust
A nurse examiner testified that minor victim “Jane’s” physical trauma was consistent with the assault Jane had described. Although the word “assault” has a technical legal meaning, it is apparent that the witness used the word in the colloquial sense ...
Read More »Criminal Practice – Sentencing – Guilty Plea – Stipulations – Aggravating Factors – Notice – Mitigating Factor
Where defendant stipulated to the factual basis involving the calculation of his prior record level, he has waived appellate review of his prior record level. We dismiss defendant’s argument in part; otherwise, we affirm the sentence imposed. By signing the ...
Read More »Criminal Practice – Embezzlement – First Impression – No Definition Needed – PTA President
On an issue of first impression, we determine that, in the absence of any objection or request for a special instruction, a trial court does not plainly err when it fails to define “embezzled” or “embezzlement” for the jury. We ...
Read More »Criminal Practice – Presentment & Indictment – State v. Baker
After defendant was arrested and charged with impaired driving by uniform citation on July 18, 2015, a grand jury returned a presentment and indictment on the charge in superior court on Feb. 27, 2017. The submission and return of the ...
Read More »Criminal Practice – Lifetime Satellite-Based Monitoring – Empirical Evidence Lacking
Where the state did not present evidence that lifetime satellite-based monitoring of sex offenders reduces recidivism, the trial court could not impose lifetime satellite-based monitoring on defendant. We vacate the imposition of lifetime satellite-based monitoring. Although we reject the state’s ...
Read More »Criminal Practice – Constitutional – Jury Verdict – ‘Responsible’ – Driving while License Revoked
Given only the choices of finding defendant “responsible” or “not responsible” for driving while license revoked and displaying a revoked driver’s license, the jury found defendant “responsible” for both. Although G.S. Chapter 20 includes some violations of Article 2 as ...
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