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

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on February 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. Failure to differentiate between the specific incidents supporting the two first-degree forcible sexual offense charges called into question the unanimity of the jury, and represented plain error justifying new trial. State v. Bowman, COA23-82, ___ N.C. App. ___ (Feb. 6, 2024). In this Durham County case, defendant appealed his convictions for two first-degree forcible sexual offense charges and five other charges related to the rape and assault of a female, arguing (1) plain error by instructing the jury on only one count of first-degree forcible sexual offense, and (2) clerical errors in the judgment requiring remand. The Court of Appeals majority agreed with defendant, remanding for a new trial on the two forcible sexual offense charges and correction of the clerical errors. In September of 2019, defendant appeared at the victim’s home heavily intoxicated and armed with a gun. After yelling for the victim to let him inside, defendant accused the victim of sleeping with someone else while brandishing his gun, and proceeded to forcibly rape and sexually assault her. Defendant was indicted on seven charges, including first-degree forcible rape, two counts of first-degree forcible sexual offense, and four other associated charges. When instructing the jury, the trial court read the elements for forcible sexual offense, but did not [...]