Case Summaries -- N.C. Court of Appeals (Nov. 3, 2020)

This post summarizes published opinions issued by the Court of Appeals of North Carolina on November 3, 2020. (1) Presuming, without deciding, that defense counsel impliedly admitted in trial for felony breaking and entering that defendant committed misdemeanor breaking and entering, there was no Harbison error because counsel acted with defendant’s consent; (2) Prosecutor’s remarks attacking the credibility of the defendant’s expert witness were improper, but not so grossly improper as to impede defendant’s right to a fair trial; (3) Civil judgment for attorney’s fees is vacated and remanded to the trial court to allow the defendant an opportunity to be heard. State v. Bowman, ___ N.C. App. ___, ___ S.E.2d ___ (Nov. 3, 2020). The defendant was charged with first degree burglary after she was found inside the victims’ home in the early morning hours, having taken items from their cars and placed them inside a purse belonging to one of the homeowners. The defendant appeared to be impaired at the time she was arrested. She claimed during the encounter that, alternatively, she was an emergency medical worker, someone had chased her inside the house, and someone had invited her to the house. (1) Before making an opening statement, defense counsel notified the court that he would be admitting  all of the elements of the charged offense besides intent. The trial court asked the defendant whether she understood and agreed with this decision. She said she did. While defense counsel’s express or implied admission of the defendant’s guilt of a [...]