Case summaries: N.C. Court of Appeals (Jan. 7, 2026)

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on January 7, 2026. Videos of the defendant sexually assaulting his unconscious wife were authenticated by her testimony that (a) she recognized herself and the defendant’s anatomy in the videos, and (b) she found the videos in his email account. State v. Leggett, __ N.C. App. __, __ S.E.2d __, 2026 WL 40408 (Jan. 7, 2026) (Wake County) (Griffin, J.). The State’s evidence showed that the defendant repeatedly drugged his wife, had sex with her while she was unconscious, and recorded it. She discovered the recordings on one of his devices and emailed them to herself, then contacted police. He was charged with, and convicted of, rape and other offenses. (1) The recordings were sufficiently authenticated and properly admitted. Under N.C. R. Evid. 901(b)(4), evidence may be authenticated by its “appearance” and “distinctive characteristics.” Here, the victim recognized the appearance and characteristics of herself, the defendant’s hands and penis, and the room in which the sexual assaults took place. Further, she discovered the videos in the defendant’s email account. Although there was no testimony about the accuracy or functioning of the recording device, such testimony is not the only way to authenticate a recording. Further, although some questions arose at trial about the exact time at which the videos were transferred to a police drive, and about the security of the chain of custody, the defendant provided no reason to believe that the recordings had been [...]