State v. Goins, 244 N.C. App. 499 (Dec. 15, 2015)

In this sexual assault case involving allegations that the defendant, a high school wrestling coach, sexually assaulted wrestlers, the trial court did not abuse its discretion under Rule 403 by admitting 404(b) evidence that the defendant engaged in hazing techniques against his wrestlers. The evidence involved testimony from wrestlers that the defendant choked-out and gave extreme wedgies to his wrestlers, and engaged in a variety of hazing activity, including instructing upperclassmen to apply muscle cream to younger wrestlers’ genitals and buttocks. The evidence was “highly probative” of the defendant’s intent, plan, or scheme to carry out the charged offenses. The court noted however “that the State eventually could have run afoul of Rule 403 had it continued to spend more time at trial on the hazing testimony or had it elicited a similar amount of 404(b) testimony on ancillary, prejudicial matters that had little or no probative value regarding the Defendant’s guilt” (citing State v. Hembree, 367 N.C. 2 (2015) (new trial where in part because the trial court “allow[ed] the admission of an excessive amount” of 404(b) evidence regarding “a victim for whose murder the accused was not currently being tried”). However, the court concluded that did not occur here.

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