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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. At some point that evening, Defendant told Nora to come inside the house and "to go onto the couch." Defendant instructed Nora to "stick [her] bottom up in the air and he pulled [her] pants down." She testified that he then had anal intercourse with her. ." Nora ultimately told Melissa that she and Defendant had gone "to move some furniture out of the . Nora's grandmother also learned about the incident around this same time. " Leslie testified that Nora "just kind of gave me the eye." That same day, Nora told Leslie that "something had happened" between her and Defendant.
Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure. 4 Appeal by defendant from order entered 13 September 2016 by Judge Marvin P. Later that night, Nora used her grandmother's cell phone to text Defendant's adult niece ("Melissa") that she "needed to tell [Melissa] something, but she was afraid to . When her grandmother asked if the incident had actually occurred, Nora "[t]old [her] grandma it didn't [happen]." On two to three occasions over the next ten days, Tammy asked Nora about the "rumors that something had happened between her and her dad." During these conversations, Nora "would either not say anything or say, no, it didn't happen, or I don't want to talk about it." In November or December 2008, Nora was sitting in church with another one of Defendant's adult nieces, Leslie, when Nora wrote on a piece of paper, "Did you hear what happened to me? Nora did not provide specific details to Leslie and stated that she did not want to involve law enforcement.
They were using flashlights to see because the power in the house had been turned off. home, and while they were there he had her bend over onto the couch and he had anal intercourse." Melissa responded to Nora that this "was a very strong allegation, that if she wasn't being completely honest that she would put her father, [Defendant], into a serious situation, that he could go to jail." Melissa further stated that Nora "needed to be completely honest." Nora responded that "she was being honest and truthful and she understood what could happen." Melissa informed Nora's uncle about the incident, and he told his wife, Tammy — Defendant's sister — who had served as a "mother figure" to Nora, Emma, and Mia. Between me and my dad." Leslie responded "No" but then wrote, "Sexually? "[U]nder Rule 404(b), evidence of prior sex acts may have some relevance to the question of [the] defendant's guilt of the crime charged if it tends to show a relevant state of mind such as intent, motive, plan, or opportunity." State v.
The facts giving rise to this appeal are briefly discussed in our opinion dismissing Defendant's direct appeal from his convictions. One evening in August of 2008, Nora's sisters were at their grandmother's trailer while she and Defendant were alone in their house moving boxes into their van.
Prior to their testimony, the court gave a limiting instruction, informing the jury that it was not permitted to consider the testimony as evidence of Defendant's character but only "as proof of . She testified that he briefly stuck his penis into her vagina and that the entire sexual interaction lasted "[n]ot even a minute." Melissa described both of these encounters as "mutual" rather than coercive. Tony's Testimony Tony testified that in the summer of 1985 when he was eleven years old and Defendant was approximately fifteen years old, the two boys were staying at Tony's grandmother's house. This Court has held that "[t]o show ineffective assistance of appellate counsel, Defendant must meet the same standard for proving ineffective assistance of trial counsel." State v. However, this Court dismissed the appeal without reaching the merits of Defendant's argument because (1) the issue had not been properly preserved at trial for appellate review; and (2) Defendant's appellate counsel had failed to specifically request plain error review. All of these charges were based on Nora's allegations that Defendant had engaged in sexual conduct with her. E.2d 156, 159 (2012) (citation and quotation marks omitted); see also State v. The improper admission of this evidence was the sole issue Defendant sought to raise on direct appeal. In 2009, Defendant was charged with two counts of statutory sexual offense, two counts of sex offense by a substitute parent, two counts of indecent liberties with a minor, and two counts of sexual battery. The State, conversely, asserts that the evidence was admissible to establish that (1) Defendant's actions depicted a common plan or scheme of abuse; and (2) Defendant had a motive to engage in sexual acts with Nora. The trial court deferred ruling on these motions until trial. E.2d 271, 275 (citation omitted), appeal dismissed, 360 N. Defendant's trial began on 8 October 2012 before the Honorable James U. On the third day of trial, the court conducted a hearing on Defendant's motions in limine.
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She also stated that in the summer of 2009 Defendant asked her sisters to go outside and then told her to "kneel down, pull her pants down, and in her words at that time, the same thing happened again that happened before." On 3 August 2009, Nora met with Michael Jaquins, the director of the South Mountain Children and Family Services Center (the "Gingerbread House") — a child advocacy center located near Burke and Mc Dowell Counties. A reasonable probability is a probability sufficient to undermine confidence in the outcome.