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Because we conclude that Defendant has made a sufficient showing of both deficient performance by his appellate counsel and actual prejudice suffered by him as a result, we reverse. Each incident — based on the testimony of Nora — is summarized below. The 2008 Incident In the summer of 2008, Defendant's house was in foreclosure, and he decided his family would move in with his mother in her trailer in Marion, North Carolina. Our Supreme Court has held, however, that "[t]hough it is a rule of inclusion, Rule 404(b) is still constrained by the requirements of similarity and temporal proximity." State v.
She also met with Elizabeth Browning, a sexual assault nurse who worked at the Gingerbread House. 2d 674 (1984), "a defendant must show that (1) counsel's performance was deficient and (2) the deficient performance prejudiced Deficient performance may be established by showing that counsel's representation fell below an objective standard of reasonableness. An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. At some point that evening, Defendant told Nora to come inside the house and "to go onto the couch." Defendant instructed Nora to "stick [her] bottom up in the air and he pulled [her] pants down." She testified that he then had anal intercourse with her. ." Nora ultimately told Melissa that she and Defendant had gone "to move some furniture out of the . Nora's grandmother also learned about the incident around this same time. " Leslie testified that Nora "just kind of gave me the eye." That same day, Nora told Leslie that "something had happened" between her and Defendant. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure. 4 Appeal by defendant from order entered 13 September 2016 by Judge Marvin P. Later that night, Nora used her grandmother's cell phone to text Defendant's adult niece ("Melissa") that she "needed to tell [Melissa] something, but she was afraid to . When her grandmother asked if the incident had actually occurred, Nora "[t]old [her] grandma it didn't [happen]." On two to three occasions over the next ten days, Tammy asked Nora about the "rumors that something had happened between her and her dad." During these conversations, Nora "would either not say anything or say, no, it didn't happen, or I don't want to talk about it." In November or December 2008, Nora was sitting in church with another one of Defendant's adult nieces, Leslie, when Nora wrote on a piece of paper, "Did you hear what happened to me? Nora did not provide specific details to Leslie and stated that she did not want to involve law enforcement. Jaquins and Browning each interviewed Nora separately, and Browning conducted a medical examination of Nora. Nora informed both Jaquins and Browning that the first time "her dad had had her have sex with him" was "at their old house." She said this incident had occurred "last year or the year before that" and that he had "told her to go in there and put her butt up towards the ceiling, then he came in there and stuck his penis in her butt." She recounted that the second time it happened "they were over at the trailer" and he "started touching her on her breasts and her butt" and then "told [her] to stick [her] butt up in the air, and he stuck his penis in [her] butt again." She stated that the first incident occurred on the couch in the family's living room and that the second incident occurred when her sisters were outside painting the trailer.