Case Summaries: N.C. Court of Appeals (July 16, 2024)

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on July 16, 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. Defendant’s repeated phone calls and in-person contact caused the victim substantial emotional distress and represented harassment to support felony stalking conviction. State v. Smith, COA23-997, ___ N.C. App. ___ (July 16, 2024). In this Pitt County case, defendant appealed his conviction for felony stalking, arguing error in denying his motion to dismiss for insufficient evidence of harassing the victim, or in the alternative insufficient evidence that defendant should have known a reasonable person would suffer substantial emotional distress after receiving his unsolicited phone calls. The Court of Appeals found no error. In the summer of 2021, defendant met a 75-year-old widow at his church; they attended the same weekday services and participated in the church’s prayer line. After a weekday service, defendant asked the widow for her phone number, which she willingly gave to defendant. When the widow arrived home, she found that defendant had called her multiple times and left seven voicemails. The repeated calls continued for at least six months, with defendant making comments about dating the widow and having sex with her. Defendant also approached the widow at church services. Eventually the widow told the church’s pastor and local police, leading to the felony stalking charge. At trial, defendant admitted he had previously been convicted of [...]