Forced Self-Penetration Supports a Sex Offense Conviction

Over the years I’ve been asked a bunch of times whether forced self-penetration constitutes a “sexual act” supporting a conviction for forcible sexual offense. Until recently, we had no clear answer in North Carolina. However, the North Carolina Court of Appeals recently addressed the issue, holding that this conduct can support a sexual offense conviction. … Read more

SBM Update Part II: State v. Green

Last week I wrote about State v. Clark and State v. Brown, the latest cases from the court of appeals on what qualifies as an aggravated offense at a satellite-based monitoring (SBM) determination hearing. You can read that post here. To sum it up, under a line of cases summarized in Clark, first- and second-degree … Read more


Retrograde Extrapolation Alive and Well

I wrote here about the court of appeals’ decision in State v. Davis, __ N.C. App. __, 702 S.E.2d 507 (2010), granting the defendant a new trial on second degree murder, impaired driving and other charges arising from a fatal hit-and-run committed by the defendant after she had been drinking. Davis determined that expert testimony … Read more