Smith's Criminal Case Compendium
Table of Contents
State v. Singleton, 318PA22, ___ N.C. ___ (May. 23, 2024)
In this Wake County case, the Supreme Court reversed the Court of Appeals decision vacating defendant’s conviction for second-degree rape due to a fatal defect in the indictment. The Court held that a defect in an indictment does not deprive the courts of jurisdiction unless the indictment wholly fails to allege a crime.
In November of 2017, the victim, a college student home for thanksgiving break, went out in downtown Raleigh with her friends and became intoxicated. At some point during the night, the victim blacked out, and woke up in defendant’s car with him on top of her. Defendant was subsequently convicted of second-degree forcible rape and first-degree kidnapping. On appeal, defendant argued for the first time that the trial court lacked jurisdiction over the second-degree forcible rape charge because the indictment did not allege that defendant knew or should have known that the victim was physically helpless at the time of the act. The Court of Appeals agreed and vacated the rape conviction, holding that the indictment failed to allege an essential element of the crime.
Taking up the State’s petition for discretionary review, the Supreme Court first gave a broad historical overview of the jurisdictional indictment rule, beginning with common law and walking through North Carolina constitutional and statutory provisions. The Court ultimately concluded that “[o]ur Constitution and General Statutes, not an indictment, confer the general courts of justice with jurisdiction over criminal laws and the defendants accused of violating such laws.” Slip Op. at 40. Having established that constitutional or statutory defects do not deprive the trial court of jurisdiction, the Court explained that “[a]s these species of errors in a charging document are not jurisdictional, a defendant seeking relief must demonstrate not only that such an error occurred, but also that such error was prejudicial.” Id. at 42. The Court pointed to G.S. 15A-1443 for the appropriate prejudicial error tests.
The Court then examined the indictment at issue in this case, concluding that “[a] plain reading of [G.S.] 15-144.1(c) demonstrates that the indictment here clearly alleged a crime and was not required to allege actual or constructive knowledge of the victim’s physical helplessness.” Id. at 46. Here the Court noted that the language used in the indictment was simply a modern version of the short-form indictment language, and concluded that the indictment was not deficient.
Justice Earls, joined by Justice Riggs, concurred in the conclusion that the indictment in this case was not deficient, but dissented from the holding “that constitutional and statutory defects in an indictment are non-jurisdictional” and provided a lengthy dissent supporting this argument. Id. at 49.