Legal Opinion

State v. West

Court of Appeals of North Carolina

Decided August 15, 2017No. COA16-918Published

1Opinion of the Court

INMAN, Judge.

*163 When a trial court properly determines, pursuant to Rule 403 of the North Carolina Rules of Evidence, that the probative value of evidence about a prosecuting witness's sexual history is substantially outweighed by its potential for unfair prejudice, the trial court does not err by excluding the evidence, regardless of whether it falls within the scope of the North Carolina Rape Shield law.

James Eric West ("Defendant") appeals from judgment entered against him following a jury conviction finding him guilty of second degree sexual offense. Defendant argues the trial court erred…

2Cases cited6 opinions

  1. State v. LloydSupreme Court of North Carolina · 2001
  2. State v. FortneySupreme Court of North Carolina · 1980
  3. State v. AutrySupreme Court of North Carolina · 1988
  4. State v. YoungerSupreme Court of North Carolina · 1982
  5. State v. GordonCourt of Appeals of North Carolina · 2016

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