In the Matter of M.J.G., 234 N.C. App. 350 (2014)

In an assault case, the trial court did not err by allowing the alleged victim of the assault to testify that the juvenile’s expression was “very defiant” when he “body checked” her after exiting the bleachers in the school gymnasium. The court rejected the juvenile’s argument that the testimony was an impermissible opinion regarding the juvenile’s intent. Instead, the challenged testimony was an opinion regarding the juvenile’s demeanor, which is admissible in criminal trials. Evidence of the juvenile’s demeanor was relevant and admissible under Rules 401 and 402 because it was based upon the witness’s personal observations of the juvenile at the time of the incident, and it helped to explain the surrounding circumstances.