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Criminal Practice-Indictment Defect – Lesser Included Offense – Constitutional – Attorneys – Ineffective Assistance Claim (access required)

State v. Wilson (Lawyers Weekly No. 14-07-0898, 11 pp.) (Linda McGee, Ch. J.) Appealed from Guilford County Superior Court (David Hall, J.) N.C. App. Holding: Because the short-form indictment for attempted first-degree murder omitted the essential element of malice aforethought, ...

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Criminal Practice-Possession of a Stolen Motor Vehicle – Constitutional – Attorneys – Ineffective Assistance Claim – Lesser Included Offense – Unauthorized Use of a Motor Vehicle (access required)

State v. Robinson (Lawyers Weekly No. 14-07-0895, 12 pp.) (Linda Stephens, J.) Appealed from Mecklenburg County Superior Court (Robert Sumner, J.) N.C. App. Holding: Even though defendant’s trial counsel elicited testimony that defendant kept his roommate’s car for longer than ...

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Criminal Practice-Meth Trafficking – Mixture Weight – Manufacture – Constructive Possession (access required)

State v. Davis (Lawyers Weekly No. 14-07-0890, 20 pp.) (Douglas McCullough, J.) Appealed from Jackson County Superior Court (J. Thomas Davis, J.) N.C. App. Holding: Even though the 73.6 grams of liquid that tested positive for methamphetamine was not yet ...

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Criminal Practice-DWI – Probable Cause – Motion to Suppress – Bar Parking Lot – Illegally Parked Motorcycle (access required)

State v. Overocker (Lawyers Weekly No. 14-07-0893, 26 pp.) (Martha Geer, J.) Appealed from Durham County Superior Court (Carl Fox, J.) N.C. App. Holding: The state does not contest the trial court’s finding that there was no probable cause to ...

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Criminal Practice-DWI – Access to Witnesses – Pretrial Release – Probable Cause – Checkpoint (access required)

State v. Townsend (Lawyers Weekly No. 14-07-0897, 28 pp.) (Wanda Bryant, J.) Appealed from Mecklenburg County Superior Court (Susan Bray, J.) N.C. App. Holding: Defendant had several opportunities after his DWI arrest to call counsel and friends to observe him ...

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Criminal Practice-Contributing to the Abuse or Neglect of a Juvenile – Constitutional – Ineffective Assistance Claim (access required)

State v. Harris (Lawyers Weekly No. 14-07-0891, 29 pp.) (Sam Ervin IV, J.) Appealed from Pitt County Superior Court (Quentin Sumner, J.) N.C. App. Holding: Where defendant entered a bedroom in which his girlfriend’s eight-year-old granddaughter was trying to go ...

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