State v. Holanek, 242 N.C. App. 633 (Aug. 18, 2015)

In a case involving charges of obtaining property by false pretenses arising out of alleged insurance fraud, the trial court did not err by admitting testimony that the defendant did not appear for two scheduled examinations under oath as required by her insurance policy and failed to respond to the insurance company’s request to reschedule the examination. The court rejected the defendant’s argument that this evidence was not relevant, noting that to prove its case the State had to show that the defendant’s acts were done “knowingly and decidedly … with intent to cheat or defraud.” The evidence in question constituted circumstantial evidence that the defendant’s acts were done with the required state of mind.