Case Summaries: N.C. Court of Appeals (Jan. 21, 2026)

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on January 21, 2026. (1) Impeachment by prior inconsistent statements and bias did not constitute an attack on the complainant’s character for truthfulness under Rule 608(a)(2); (2) admitting multiple witnesses in turn to bolster the complainant’s character for truthfulness was an abuse of discretion; (3) in a credibility-centered case, the error was prejudicial and required a new trial. State v. Braswell, No. COA25-286 (N.C. Ct. App. Jan. 21, 2026) (Carpenter). The defendant was tried in Johnston County for taking indecent liberties with a child. The trial was based primarily on the complainant’s testimony describing inappropriate touching that occurred when she was alone with the defendant at his RV park, followed by a delayed disclosure to friends and family and subsequent law-enforcement/forensic interviews. At trial, defense counsel cross examined the complainant on alleged inconsistencies across her trial testimony, interviews, and written narrative. Defense counsel also suggested a possible bias based on the defendant’s having reported the complainant’s mother for drug use. Over the defendant’s objection, the trial court permitted the State to then call five witnesses to testify that the complainant had a strong reputation for truthfulness. These witnesses were the defendant’s daughter, the defendant’s wife, the complainant’s friend, and two church leaders. The jury convicted the defendant, and he was sentenced to between twenty and thirty-three months in prison. The Court held the defense’s impeachment of the complainant by prior inconsistent statements and bias did not [...]