Case Summaries – N.C. Supreme Court (August 14, 2020)

This post summarizes opinions issued by the Supreme Court of North Carolina on August 14, 2020.  (1) Since the defendant timely moved to dismiss and timely renewed his motion, he sufficiently preserved for appellate review whether the State presented sufficient evidence of each element of the crime for which he was convicted; (2) The trial court properly denied the defendant’s motion to dismiss as the defendant falls within the “teacher” category as defined in G.S. 14-27.7. State v. Smith, ___ N.C. ___, ___ S.E.2d ___ (August 14, 2020). The defendant worked full-time at Knightdale High School, initially as an In-School Suspension teacher and then as a Physical Education teacher. Although not certified as a teacher, he worked the same hours as a certified teacher, which included a regularly scheduled planning period. During his time teaching at the school, the defendant met a minor, D.F., a student at the school. On October 29, 2014, D.F. went to the defendant’s home and later alleged the two engaged in sexual activity. The defendant was indicted for two counts of engaging in sexual activity with a student pursuant to G.S. 14-27.7. At the close of the State’s evidence, defense counsel made a motion to dismiss based on insufficient evidence, asserting that the State’s evidence was conflicting. The trial court denied the motion. At the end of all the evidence, defense counsel renewed the motion to dismiss, asserting that there was no physical evidence. The trial court again denied the motion, and the defendant was ultimately [...]