Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Wagner, ___ N.C. App. ___, 790 S.E.2d 575 (Sept. 6, 2016)
In this child sexual assault case, the trial court did not commit plain error by allowing the defendant’s wife to testify regarding “red flags” that she should have seen earlier regarding the defendant’s conduct with the victim. In context, the witness was not offering an opinion as to the defendant’s guilt but rather responding to a question whether she had ever observed unusual behavior to between the defendant and the victim.