Methods of Proving Character (N.C.R. Evid. 405)
"[S]pecific instances of conduct are admissible to prove character or a trait of character only when the character or a trait of character of a person is an essential element of a charge, claim, or defense. State v. Baymon, 336 N.C. 748, 756, 446 S.E.2d 1, 5 (1994) (quotation marks omitted).
"A 'relevant' specific instance of conduct under Rule 405(a) would be any conduct that rebuts the earlier reputation or opinion testimony offered by the defendant.... That does not mean, however, that evidence of a past 'instance of conduct' can never be excluded because of its age or for another reason if the trial judge determines, under Rule 403, that the probative value of the rebuttal evidence 'is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury.' N.C.G.S. § 8C-1, Rule 403. This determination, whether evidence should be excluded under Rule 403, is a matter within the sound discretion of the trial judge. State v. Cummings, 332 N.C. 487, 507, 422 S.E.2d 692, 703 (1992).