Free Newsletter
Criminal Practice – Murder – Evidence – Prior Conviction – Manslaughter – Surrounding Circumstances – Prejudicial Error
North Carolina Lawyers Weekly Staff//June 22, 2012//
Criminal Practice – Murder – Evidence – Prior Conviction – Manslaughter – Surrounding Circumstances – Prejudicial Error
North Carolina Lawyers Weekly Staff//June 22, 2012//
State v. Flood (Lawyers Weekly No. 12-07-0659, 35 pp.) (Linda M. McGee, J.) Appealed from Alamance County Superior Court. (J.B. Allen Jr., J.) N.C. App. Full-text opinion.
Holding: Although defendant’s New Jersey conviction of a 1994 manslaughter was properly admitted, evidence of the circumstances surrounding the 1994 shooting should have been excluded. The only remarkable similarities between the 1994 manslaughter and the 2007 shooting at issue were that both victims were prone and both were shot in the head. The 1994 shooting occurred after defendant discovered his girlfriend in bed with the victim, while the 2007 shooting appears to have arisen out of a drug deal. There were myriad other differences that should have led to the exclusion of evidence of the circumstances surrounding the 1994 shooting.
Given the many inconsistencies in the evidence, admission of the facts underlying the 1994 shooting was prejudicial.
Defendant is entitled to a new trial.
Top Legal News
- Judge formally ends US prosecution of Turkey’s Halkbank after Trump deal
- Luigi Mangione due in court June 17 in CEO murder case
- Legally Speaking: What spring can teach us about active listening
- Sentencing enhancement vacated for Virginia firearm conviction
- NC Supreme Court affirms dismissal of indefinite ownership contract claim
- US Supreme Court rebuffs challenge to New York law allowing suits against gun industry
- A useful patent management government notice
- Three-day mailing extension unavailable for administrative appeals
- SCOTUS News: Ex-Twitter employee gets conviction tossed for venue error
- Opinion: NC judges have enormous power. Be sure to vote in November
- Oregon prisons hit with class lawsuit over solitary confinement program
Commentary
- Legally Speaking: What spring can teach us about active listening
- A useful patent management government notice
- Opinion: NC judges have enormous power. Be sure to vote in November
- The third option: Why your best employees are quietly losing their edge
- AI divorce is real, but family law can still save itself
- ‘AI won’t take your job’ and other things CEOs say before the layoffs
- When not to believe (your lyin’ eyes)
- Conduct a technology audit to improve law firm efficiency
- When the client brings ChatGPT to the consultation
- Content Marketing: Where law firms lose referrals and how to prevent it
- Your best people are not leaving for more money — they are leaving because you stopped paying attention
- Best at Work Insights: The choice we’re making about AI
