State v. Lotharp, 571 S.E.2d 583 (N.C. 2002). · Go Syfert
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State v. Lotharp, 571 S.E.2d 583 (N.C. 2002). Cases Citing This Book View Copy Cite
“thus, evidence eliciting details of acts that formed the basis of prior convictions may be elicited under rule 404(b) even though such evidence may be barred under rule 609.”
48 citation events (48 in the last 25 years) across 3 distinct courts.
Strongest positive: State v. Mays (ncctapp, 2003-07-01)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (quoted) State v. Mays
N.C. Ct. App. · 2003 · quote attribution · 1 verbatim quote · confidence low
thus, evidence eliciting details of acts that formed the basis of prior convictions may be elicited under rule 404(b) even though such evidence may be barred under rule 609.
cited Cited as authority (rule) State v. Smart
N.C. Ct. App. · 2007 · confidence medium
Defendant also cites State v. Wilkerson, 356 N.C. 418, 418 , 571 S.E.2d 583, 583 (2002) (per curiam), as prohibiting introduction of evidence of a "bare fact" of a prior conviction.
discussed Cited "see" State v. Williams
N.C. Ct. App. · 2017 · signal: see · confidence high
See State v. Wilkerson , 148 N.C.App. 310 , 327, 559 S.E.2d 5 , 16 (Wynn, J. dissenting) ("[T]he existence of other evidence of defendant's intent and knowledge in the instant case greatly reduced the probative value of defendant's prior convictions, while simultaneously increasing their prejudicial effect." (citation omitted)), rev'd per curiam for the reasons stated in the dissent , 356 N.C. 418 , 571 S.E.2d 583 (2002).
Retrieving the full opinion text from the archive…
STATE of North Carolina
v.
Dulaine LOTHARP.
106A02.
Supreme Court of North Carolina.
Nov 22, 2002.
571 S.E.2d 583
Per Curiam.
Cited by 2 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 74%
Citer courts: Court of Appeals of North Caro… (1)

Roy Cooper, Attorney General, by Robert M. Curran, Assistant Attorney General, for the State-appellant.

Marjorie S. Canaday, Amelia Island, FL, for defendant-appellee.

Smith Moore LLP, by Julia F. Youngman, Raleigh, on behalf of the American Civil Liberties Union of North Carolina Legal Foundation, amicus curiae.

[*584] PER CURIAM.

The decision of the Court of Appeals is reversed for the reasons stated in the dissenting opinion.

REVERSED.