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Incident between middle schoolers wasn’t forcible sexual offense, Court of Appeals rules
A middle schooler who had sexual contact with another boy did not commit forcible sexual offense because penetration wasn’t proven, nor did he exploit him after his cousins posted a video of the incident on social media because it was clear that he didn’t want the incident to be filmed, the North Carolina […]
Criminal Practice – Sexual Offense – Aiding & Abetting – Preparations
State v. Dick (Lawyers Weekly No. 010-081-17, 13 pp.) (Michael Morgan, J.) Appealed from Guilford County Superior Court (Susan Bray, J.) On discretionary review from the Court of Appeals. N.C. S. Ct. Holding: Even though defendant was the only one in the room with the victim when he forced her to perform fellatio, he and […]
Criminal Practice – Sexual Offense – Indictment – Attempt Allegation – Constitutional – Ineffective Assistance Claim
State v. Gates (Lawyers Weekly No. 011-270-16, 18 pp.) (Lucy Inman, J.) Appealed from Onslow County Superior Court (Charles Henry, J.) N.C. App. Holding: Where the indictment only alleged attempted sexual offense, the trial court lacked jurisdiction to submit the charge of sexual offense to the jury. We vacate and remand for entry of judgment […]
Criminal Practice — Sexual Offense with a Child – Evidence – Expert Testimony – Child’s Reporting – Sentencing
State v. Purcell (Lawyers Weekly No. 15-07-0680, 12 pp.) (Donna Stroud, J.) Appealed from Hoke County Superior Court (Mary Ann Tally, J.) N.C. App. Holding: The prosecution expert did not opine on the victim’s credibility; rather, she testified that the 11-year-old victim’s delay in reporting anal penetration was not surprising given that children who have […]
Criminal Practice — Sexual Offense with a Child – Lesser Included Offense – First-Degree Sexual Offense – Victim’s Therapist
State v. Hicks (Lawyers Weekly No. 15-07-0164, 22 pp.) (Martha Geer, J.) Appealed from Lincoln County Superior Court (William Bell, J.) N.C. App. Holding: Although the trial court instructed the jury on a greater offense than the one alleged in the indictment, defendant’s conviction of the greater offense necessarily means that the jury found he […]
Criminal Practice — Felony Murder – Sexual Offense – 10-Month-Old Victim – ‘Accepted Medical Purposes’ – Diaper Change
State v. Stepp (Lawyers Weekly No. 15-06-0099, 1 p.) (Per Curiam) Appealed from Wake County Superior Court (W. Osmond Smith III, J.) On appeal from the Court of Appeals. N.C. S. Ct. Holding: For the reasons stated in Judge Bryant’s dissenting opinion (Defendant’s act of cleaning feces from the infant victim, standing along, should not […]
Criminal Practice — Sexual Offense with a Child – Insufficient Substantive Evidence – Additional Acts
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 on an allegation that defendant placed his fingers inside his young daughter’s vagina while they […]
Criminal Practice – Felony Murder – Sexual Offense – 10-Month-Old Victim – ‘Accepted Medical Purposes’ – Diaper Change
State v. Stepp (Lawyers Weekly No. 14-07-0064, 39 pp.) (Chris Dillon, J.) (Wanda G. Bryant, J., dissenting) (Linda Stephens, J., concurring) Appealed from Wake County Superior Court (W. Osmond Smith III, J.) N.C. App. Holding: Since defendant admitted to digitally penetrating his 10-month-old step-daughter’s genitals in his attempt to clean feces off her during a […]
Criminal Practice – Assault – Evidence – Electronic Monitoring Device – Officer’s Testimony – Show-Up Identification
State v. Jackson On appeal, defendant’s primary argument against the admissibility of the tracking evidence from his electronic monitoring device is that the state failed to establish a proper foundation to verify the authenticity and trustworthiness of the data.
Criminal Practice – Rape & Sexual Offense – Force – Victim’s Resistance – Jury Instructions – Attempt
V=State v. Norman The state presented sufficient evidence of force via the victim’s testimony about defendant’s earlier harassment of her and her rebuffs of his advances, and, when they were left alone, his unwanted touching of her, her verbal rejection of him, and her physical attempts to keep him from touching her.
Criminal Practice – Plain Error Standard – Jury Instructions — Lesser Included Offense – Sexual Offense – Attempt
State v. Carter Although the child victim sometimes said defendant put his penis “on” her anus and sometimes said he put his penis “in” her anus, the trial court did not plainly err by failing to instruct the jury on attempted first-degree sexual offense.
Criminal Practice – Juvenile – Sexual Offense – ‘Force’ – Threat to Expose Secrets – Insufficient – Leader vs. Followers
In re T.W. Neither the juvenile’s threats to expose his victims’ secrets nor his social position as a leader was sufficient to show that the juvenile used constructive force to coerce the victims into performing sexual acts.
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Commentary
- Amotion sees resurgence after almost a decade
- The flip side of generative AI in law and how to address it
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- Court’s term was rough on big business
- Ex-president, bar association have made their choice
- Ruling sharpens boundaries in attorney-client privilege
- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
- Supreme Court leaves key internet protection untouched
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- A roadmap to attracting, developing, retaining great associates
