Legal Opinion

State v. Marlow

Court of Appeals of North Carolina

Decided September 17, 2013No. COA13-18PublishedCited by 5 opinions

1Opinion of the Court

McCullough, Judge.

Benjamin Scott Marlow (“defendant”) appeals from ids convictions for first-degree rape (four counts), indecent liberties with a child (four counts), first-degree sex offense with a child (four counts), and incest (two counts) on the following grounds: (1) the trial court committed plain error when it read stipulations into the record that were neither definite nor certain; (2) the trial court subjected defendant to double jeopardy when it sentenced defendant for both statutory rape and incest because statutory rape is a lesser included offense of incest; (3) the trial court…

2Cases cited14 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Missouri v. HunterSupreme Court of the United States · 1983
  3. State v. OdomSupreme Court of North Carolina · 1983
  4. State v. LawrenceSupreme Court of North Carolina · 2012
  5. United States v. Milton L. McCaskillCourt of Appeals for the Fourth Circuit · 1982

9 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. State v. SnellingCourt of Appeals of North Carolina · 2014
  2. State v. GleasonCourt of Appeals of North Carolina · 2020
  3. State v. GleasonCourt of Appeals of North Carolina · 2020
  4. State v. GuevaraCourt of Appeals of North Carolina · 2019
  5. State v. ScottCourt of Appeals of North Carolina · 2023

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