State v. Ross

1. In State v. Ross, 329 N.C. 108, 121, 405 S.E.2d 158, 165 (1991) the defendant argued to the North Carolina Supreme Court that the admission of his 1970 sodomy conviction "tended to cause the jury to convict him because of his sexual preferences." The Supreme Court agreed that it was error for the trial court to have allowed in the prior conviction, but overruled the assignment of error concluding, "There was . . . substantial evidence of defendant's homosexuality apart from that supplied by the sodomy conviction." See id. 2. In State v. Ross, 133 N.C. App. 310, 515 S.E.2d 252 (1999), the record indicated "that, upon entering the apartment, a robber pointed the shotgun at the two victims and ordered them to step away from the apartment door and get on the floor." Id. at 313, 515 S.E.2d at 254. Although one of the victims backed from the living room into the kitchen before lying down, the Court held that the evidence was insufficient to establish a removal separate from the robbery when the robbers did not order the victim to move to the kitchen, but rather only ordered him to "back up and get on the floor." Id.