State v. Davis, 237 N.C. App. 481 (Dec. 2, 2014)

In a rape case, the trial court erred by excluding defense evidence that the victim and her neighbor had a consensual sexual encounter the day before the rape occurred. This prior sexual encounter was relevant because it may have provided an alternative explanation for the existence of semen in her vagina; “because the trial court excluded relevant evidence under Rule 412(b)(2), it committed error.” However, the court went on to conclude that no prejudice occurred, in part because multiple DNA tests identified the defendant as the perpetrator.