State v. Watts

Defendant was convicted, after a jury trial, of attempted first-degree rape, first-degree sexual offense with a child, and kidnapping. Defendant appealed, arguing that his motion “for an instruction” was clearly a request for a limiting instruction regarding N.C. R. Evid. 404(b) evidence that had just been presented by the State’s witness. The court of appeals reversed Defendant’s convictions and remanded the matter to the trial court for a new trial. The Supreme Court modified in part the judgment of the court of appeals and affirmed, holding (1) defense counsel’s motion “for an instruction” was plain a request for a Rule 404(b) limiting instruction; and (2) Defendant was prejudiced by the trial court’s failure to give the requested limiting instruction, thus entitling him to a new trial. View "State v. Watts" on Justia Law