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| State v. Browning, NO. COA05-831,
COURT OF APPEALS OF NORTH CAROLINA, May 16, 2006, Filed
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Overview: Jury instruction on mistake of fact was properly denied because statutory rape is strict liability crime to which mistake of fact is no defense. Guidance counselor's testimony she believed victim's account of rape, made in context of role as guidance counselor who suspected a child had been abused and admitted for corroboration, was admissible.
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| State v. Campbell, NO. COA05-942,
COURT OF APPEALS OF NORTH CAROLINA, May 16, 2006, Filed
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Overview: Counsel's decision to address defendant's repeated lies was prudent stop in pulling sting from damaging evidence and did not amount to ineffective assistance. Even if prosecution's closing argument improperly shifted burden of proof to defendant, there was no error, as trial court instructed jury State bore burden to prove each element of crime.
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| State v. Carter, NO. COA05-1214,
COURT OF APPEALS OF NORTH CAROLINA, May 16, 2006, Filed
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Overview: Motion to dismiss conspiracy to commit robbery with dangerous weapon charge was properly denied because there was conflicting evidence as to whether gun given to person who committed robbery (actor) was real. There was sufficient evidence that gun was real as actor stated that one man told her gun was fake, but that she was not sure if it was fake.
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| State v. Cartwright, NO. COA04-1688,
COURT OF APPEALS OF NORTH CAROLINA, May 16, 2006, Filed
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Overview: First-degree sexual assault conviction was affirmed as there was substantial evidence under N.C. Gen. Stat. § 14-27.4(a)(2)(a) that defendant engaged in anal penetration of the victim by force. A kidnapping conviction was vacated as there was insufficient evidence, under N.C. Gen. Stat. § 14-39, of confinement, restraint, or removal of the victim.
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| State v. Cloninger, NO. COA05-1039,
COURT OF APPEALS OF NORTH CAROLINA, May 16, 2006, Filed
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| State v. Cordray, NO. COA05-759,
COURT OF APPEALS OF NORTH CAROLINA, May 16, 2006, Filed
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| State v. Crosby, NO. COA05-1299,
COURT OF APPEALS OF NORTH CAROLINA, May 16, 2006, Filed
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| State v. Dereef, NO. COA05-560,
COURT OF APPEALS OF NORTH CAROLINA, May 16, 2006, Filed
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| State v. Esquivel-Lopez, NO. COA05-1096,
COURT OF APPEALS OF NORTH CAROLINA, May 16, 2006, Filed
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