State v. Moorman

EXUM, Chief Justice.

Questions presented dispositive of the appeal are whether the Court of Appeals erred in (1) arresting judgment on defendant’s conviction of second degree rape and (2) concluding defendant was not denied his right to effective assistance of counsel at trial. We answer both questions affirmatively, reverse the decision of the Court of Appeals and award defendant a new trial in all cases.

I

Defendant was tried on indictments charging first degree burglary, second degree rape, and second degree sexual offense at the 11 February 1985 Session of Superior Court in Wake County…