State v. Crabtree (Lawyers Weekly No. 010-068-17, 1 p.) (Per Curiam) Appealed from Person County Superior court (Beecher Gray, J.) On appeal from the Court of Appeals. N.C. S. Ct. Holding: Where our Court of Appeals held, Although a ...

Tagged with: Indecent Liberties vouching

State v. Chavez (Lawyers Weekly No. 15-07-0611, 14 pp.) (Douglas McCullough, J.) Appealed from Davidson County Superior Court (W. David Lee, J.) N.C. App. Holding: An expert witness did not go too far when she described the hymen’s ability to ...

Tagged with: Indecent Liberties

State v. Pierce (Lawyers Weekly No. 15-07-0032, 28 pp.) (Martha Geer, J.) Appealed from Burke County Superior Court (C. Thomas Edwards, J.) N.C. App. Holding: Defendant’s Burke County conviction of sexual offense with a child by an adult was based ...

Tagged with: Indecent Liberties Sexual Offense

State v. Clapp (Lawyers Weekly No. 14-07-0764, 27 pp.) (Sam Ervin IV, J.) Appealed from Alamance County Superior Court (Shannon Joseph, J.) N.C. App. Holding: Defendant denied ever inserting his finger into “Hailey’s” vagina or touching “Amy’s” genital area in ...

Tagged with: Indecent Liberties

State v. Perkins (Lawyers Weekly No. 14-07-0630, 12 pp.) (Wanda Bryant, J.) Appealed from Wake County Superior Court (Paul Gessner, J.) N.C. App. Holding: Even though, when defendant was convicted of taking indecent liberties with a child, that charge was ...

Tagged with: Indecent Liberties

State v. Godley (Lawyers Weekly No. 14-07-0627, 15 pp.) (Rick Elmore, J.) Appealed from Beaufort County Superior Court (W. Russell Duke Jr., J.) N.C. App. Holding: The trial court’s decision to close the courtroom during the young victim’s testimony was ...

Tagged with: Indecent Liberties

MEBANE (AP) — A former Randolph County teacher has been arrested on charges in connection with sexual contact with or illegal photography of students. Sheriff’s deputies say 54-year-old Hazem Moustafa Eldara of Asheboro turned himself in Wednesday. Eldara had been ...

Tagged with: Indecent Liberties

U.S. v. Vann The en banc 4th Circuit vacates a 15-year sentence under the Armed Career Criminal Act, imposed on a defendant who pleaded guilty to handgun possession, as the per curiam majority finds it cannot determine from state court charging documents that defendant was convicted under subsection (a)(2) of North Carolina’s Indecent Liberties Statute.

Tagged with: ACCA Criminal Practice Indecent Liberties sentencing Vacated

State v. Sims The state presented sufficient evidence from which the jury could infer that defendant’s conduct was for the purpose of arousing or gratifying sexual desire: In three aisles at a Target store (1) defendant crouched down, looking at the juvenile’s legs; (2) defendant “fell into” the juvenile, wrapping his hands around her; and (3) defendant kneeled down, six to eight inches away from the juvenile’s legs. Another witness testified that defendant had complimented her legs, followed her into a store, and asked if he could hug her legs. Finally, Detective Benjamin testified that defendant admitted to having an obsession with women’s legs.

Tagged with: Criminal Practice Indecent Liberties Satellite-Based Monitoring

State v. Davis In his testimony, the victim clearly described discrete instances of different types of sexual acts perpetrated upon him by defendant over a long period of time. This evidence was sufficient to withstand defendant’s motion to dismiss the 36 charges against him. State v. Wiggins, 161 N.C. App. 583, 589 S.E.2d 402 (2003).

Tagged with: Criminal Practice Indecent Liberties