Logourl black
From our private database of 13,800+ case briefs...

State v. Moorman

Supreme Court of North Carolina
358 S.E.2d 502 (N.C. 1987)


Facts

According to her testimony, the victim was asleep and dreaming that she was having sexual intercourse when she awoke to find Moorman (defendant) on top her having sex with her. She tried to get up, but Moorman pushed her down and continued. At that point, the victim did not resist any further, testifying that she was scared for her safety. Moorman claimed that it was dark in the room and he had thought the victim was someone else. The trial court convicted Moorman, but the court of appeals reversed. The court of appeals noted that under North Carolina law there were two theories of rape: (1) by force and against the will of the victim, and (2) by the victim’s physical helplessness and being unable to resist. The court of appeals held that there was a disconnect with the case because the prosecution proceeded on theory (1), but the victim was asleep, so the case should have been tried under theory (2). As a result, the court of appeals arrested the judgment. The prosecution appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Exum, C.J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 170,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.