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Tag Archives: Admissible

Criminal Practice – Discovery – Expert Testimony – Translation – Admissible – No Prejudice – Jury Instruction – Knowledge (access required)

State v. Aguilar-Ocampo During discovery, the state produced a transcript of an audio-video recording of the drug deal at issue; however, shortly before trial, the state realized that the translator was not certified by the Administrative Office of the Courts. The state had the recording translated by an AOC-certified translator and provided the new translation to defendant a few days before trial. Although the trial court erroneously failed to recognize that the translation consisted entirely of an expert’s opinion and that the state had therefore failed to comply with the discovery requirements of G.S. § 15A-903(a)(2), we nevertheless discern no abuse of discretion in the trial court’s failure to strike the transcript or the translator’s testimony.

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Criminal Practice – Rape & Indecent Liberties – Evidence – Incestuous Pornography – Admissible – Motive (access required)

State v. Brown Where our Court of Appeals held, Evidence that defendant possessed pornography describing and depicting incest was admissible to prove motive and intent in defendant’s trial for the first-degree rape of his 10-year-old daughter and taking indecent liberties with a minor, we affirm.

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Criminal Practice – Satellite-Based Monitoring – Aggravated Offense – First-Degree Rape of a Child – Evidence – Inculpatory Statements – Not in Custody – Admissible – Constitutional – Ineffective Assistance – Civil Action (access required)

State v. Clark. Rape is a crime of violence. When it is committed against one who is incapable of consenting, it is an aggravated offense and supports an order of lifetime satellite-based . . .

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