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Tag Archives: Statutory Rape

Criminal Practice — Constitutional – Double Jeopardy Argument – Attorneys – Ineffective Assistance of Counsel Claim – Statutory Rape & Second-Degree Rape

State v. Banks (Lawyers Weekly No. 14-06-1200, 11 pp.) (Cheri Beasley, J.) (Barbara Jackson & Robert Hunter, JJ., not participating) Appealed from Rowan County Superior Court (Anna Mills Wagoner, J.) On discretionary review from the Court of Appeals. N.C. S. ...

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Criminal Practice – Constitutional – Attorneys — Ineffective Assistance – Legislative Intent – Second Degree Rape & Statutory Rape

State v. Banks Three months before defendant was sentenced, this court ruled in State v. Ridgeway, 185 N.C. App. 423, 648 S.E.2d 886 (2007), that separate punishments for the offenses of statutory rape and first degree rape (based on a single act of intercourse) are prohibited by legislative intent.

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