Case Summaries: N.C. Court of Appeals (Nov. 19, 2024)

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on November 19, 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 behavior at trial did not show incompetence despite the nature of her testimony, and trial court did not err by failing to order competency hearing sua sponte. State v. Jones, COA24-241, ___ N.C. App. ___ (Nov. 19, 2024). In this Rowan County case, defendant appealed her convictions for first-degree arson, larceny of a dog, and attempted first-degree murder, arguing error in not ordering a competency hearing. The Court of Appeals found no error. Defendant came to trial for the offenses in August of 2023. After the conclusion of State’s evidence, defense counsel indicated that defendant would testify. The trial court examined defendant before her testimony and she willingly waived her Fifth Amendment privileges. Defendant then testified about hearing voices caused by “voice-to-skull” technology that she blamed on the victim. She recounted spending several hours at the victim’s home, trying to light the victim’s porch on fire, tampering with the victim’s pool, and leading his dog away to her car. On cross-examination, defendant admitted to using methamphetamine to help her function. Defendant was subsequently convicted. Considering the competency hearing argument, the Court of Appeals explained that G.S. 15A-1001(a) establishes a statutory right to a competency hearing, but “nothing in the record indicates that the prosecutor, defense counsel, Defendant, or [...]