Case Summaries: N.C. Court of Appeals (Sept. 3, 2025)

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on September 3, 2025. In defendant’s trial for felonious possession of stolen goods, admission of police chief’s testimony about defendant’s record of charges for breaking and entering was not plain error. State v. Clark, No. COA25-13 (N.C. Ct. App. Sept. 3, 2025) (Griffin). In this Wilson County case, the defendant was tried before a jury and convicted of felonious possession of stolen goods and attaining habitual felon status for stealing landscaping equipment from the grounds of the Wilson Community College. On appeal, the defendant argued that the trial court plainly erred by permitting the chief of police for the community college to testify that before securing an arrest warrant for the defendant she “ran his record,” noting “[t]here were B&E’s for break ins.” The defendant contended that these statements, to which he did not object at trial, were impermissible under Rule 404(b) of the North Carolina Rules of Evidence because they were offered to prove his character. The court rejected the defendant’s argument. The court explained that Rule 404(b) is a general rule of inclusion of relevant evidence of other crimes, wrongs, or acts by a defendant subject to the exception that such evidence should be excluded if its only probative value is to show the defendant’s propensity or nature to commit the kind of offense with which he is charged. The court stated that the testimony in question was admitted for the purpose of allowing [...]