State v. Moore

PARKER, Chief Justice.

The issue in this case is whether the Court of Appeals erred by holding no plain error when a State’s witness testified that defendant exercised his right to remain silent. For the reasons stated herein, we affirm the decision of the Court of Appeals.

Defendant, then forty-two years old, was charged in an arrest warrant on 2 February 2009 with committing a misdemeanor sexual battery under N.C.G.S. § 14-27.5A(a). T.B., the victim, was sixteen years old at the time. 1 Defendant was tried and found guilty in district court and appealed to superior court, where a jury found…