In this Brunswick County case, defendant appealed denial of her motion to dismiss the murder charge against her, arguing that it represented double jeopardy. The Court of Appeals affirmed the trial court’s denial of the motion. The facts of this case are substantially similar to State v. Tripp, 2022-NCCOA-795, as the defendant in this case is the mother of the child that was abused, and the defendant in Tripp was her boyfriend at the time.

Following the same analysis as the opinion in Tripp, the court applied the same-elements test from Blockburger v. United States, 284 U.S. 299 (1932), and the exception for requisite elements of the crime found in Diaz v. United States, 223 U.S. 442 (1912), to establish the prosecution for murder was not double jeopardy under the felony murder theory. The court also noted “prosecution for first-degree murder theories such as premeditation and deliberation or torture satisfies the Blockburger test and does not violate [d]efendant’s constitutional right to be protected against double jeopardy.” Slip Op. at 10. The court dismissed defendant’s argument that due process protections prevented her prosecution so long after the events, noting the State could not bring charges for murder until the victim’s death.