Case Summaries: N.C. Court of Appeals (Aug. 6, 2024)

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on August 6, 2024. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present. (1) Statement by child describing her sister’s sexual abuse was admissible under Rule 803(4); (2) testimony “corroborating” a statement by a witness who did not testify was improper but defendant waived objection; (3) reference to past behavior predicting future behavior was improper for Rule 404(b) evidence. State v. Anderson, COA23-821, ___ N.C. App. ___ (Aug. 6, 2024). In this Cleveland County case, defendant appealed his convictions for statutory sexual offense with a child and indecent liberties with a child, arguing error in (1) admitting testimony containing hearsay from a pediatrician, (2) admitting testimony containing hearsay to “corroborate” a minor victim’s account of abuse, and (3) failing to intervene ex mero motu during the prosecutor’s closing argument. The Court of Appeals found no error in (1), and no prejudicial error in (2)-(3). Defendant came to trial on the charges in January of 2023, after an investigation by the Cleveland County Department of Social Services into allegations that defendant sexually abused his two daughters. During the trial, defendant’s two daughters both testified about defendant’s actions. Additionally, a pediatrician who examined the two girls testified about statements they made during medical examinations. Defendant’s half-brother also testified, and explained that his step-sister had told him about sexual contact between defendant and the half-brother’s [...]