North Carolina – Criminal Law Wire

State v. Moore — Cross-Examination with Prior Flee-from-Police Incident Upheld Under Rules 404(b) and 403 as Proper Impeachment

/ June 19, 2026

The North Carolina Court of Appeals affirmed a DWI/fleeing-to-elude conviction, holding that the trial court did not err under Rule 404(b) when it allowed the State to cross-examine the defendant about a prior urban police encounter that contradicted his trial testimony that he “would have pulled over” if approached in the city, and that the Rule 403 determination did not rise to an abuse of discretion despite the evidence’s limited probative value and high prejudice potential.

State v. Havens — Hidden Bathroom Cameras Convictions Upheld; 1978 Privacy-Intent Element Does Not Limit Current Secret Peeping Statute

The North Carolina Court of Appeals affirmed convictions for secret peeping, second-degree sexual exploitation of a minor, and third-degree sexual exploitation of a minor arising from hidden charging-block cameras installed in bathrooms, holding that the 1978 “intent to invade privacy” gloss from In re Banks does not apply to the elements of the current N.C.G.S. § 14-202(f) felony secret-peeping statute.