State v. Towe
210 N.C. App. 430
| N.C. Ct. App. | 2011Background
- Indicted on three counts of first‑degree sexual offense against a child under 13 and two counts of first‑degree rape of a child under 13; pled not guilty.
- Between 1994–1999 defendant and Susan Barnhart were married with three children; divorce finalized in 2003; Shirley lived with her mother after the separation.
- In summer 2007 Shirley lived with defendant in a crowded Mount Airy apartment; Shirley later returned to her mother in August 2007.
- Nov 1, 2007 doctor visit preceded disclosure of abuse; Shirley told mother that defendant touched her private area and inserted fingers; authorities began investigation.
- Dr. Denise Everett testified about lack of physical findings and prevalence of abuse without findings; the state’s other witnesses corroborated abusive conduct; defendant did not testify but presented alibi witnesses.
- Jury convicted on all counts after an eight‑day trial; sentencing included long prison terms, lifetime SBM monitoring, and sex‑offender registration; defendant appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Expert testimony on abuse without physical findings | Towe | Towe | Plain error; admission of expert testimony supported abuse without physical findings. |
| Uncharged conduct evidence admission for identity/motive | Towe | Mitchell/Towe | Problematic admission; trial court failed to articulate proper purposes; remand should reassess under Rule 404(b). |
| Impact on sentencing/SBM on remand | State | Towe | Remand for sentencing protections and compliance with SBM/registry law if new trial occurs. |
| Identity vs. material issue for Rule 401 analysis | State | Towe | Identity not at issue when case hinges on whether crime occurred; may be at issue for motive unless properly limited. |
Key Cases Cited
- State v. Odom, 307 N.C. 655, 300 S.E.2d 375 (1983) (plain error standard in criminal trials)
- State v. Davis, 321 N.C. 52, 361 S.E.2d 724 (1987) (plain error considerations for prejudicial errors)
- State v. Collins, 334 N.C. 54, 431 S.E.2d 188 (1993) (grave impact on fairness when error affects guilt determination)