Case Summaries – N.C. Supreme Court (March 12, 2021)

This post summarizes criminal decisions released by the North Carolina Supreme Court on Friday, March 12, 2021. (1) Children’s statements to social worker were admissible under Rules 804(3) and 804(24) and their exclusion was prejudicial error; (2) Objections to blood-splatter evidence were preserved; (3) Evidence that defendant Martens overheard his daughter yell, “don’t hurt my dad” was alternatively not hearsay or admissible as an excited utterance and the trial court erred in striking that testimony State v. Corbett & Martens, ___ N.C. ___ (Mar. 12, 2021). The defendant Molly Corbett was the daughter of the co-defendant, Thomas Marten. The two were charged with second-degree murder and voluntary manslaughter following an altercation with Molly’s husband in Davidson County. The altercation occurred at the couple’s home while Molly’s mother and father were visiting overnight. The defendants were jointly tried, and both were convicted of second-degree murder. A divided Court of Appeals granted a new trial based on three evidentiary errors, as well as errors relating to the jury instructions (that decision is summarized here). Based on a partial dissent at the Court of Appeals, the State sought review at the North Carolina Supreme Court. A divided court affirmed. (1) Following the incident, the children of the deceased husband (from an earlier marriage) made statements to a social worker at a child abuse advocacy and treatment center. They both indicated their father had been abusive towards Molly. One child provided an explanation for the presence of a brick paver (apparently used in the altercation) [...]