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Criminal Practice — Jury & Jurors – Misconduct – Trial Court’s Inquiry – Prosecutor’s Closing Argument – Premeditation & Deliberation (access required)

State v. Salentine (Lawyers Weekly No. 14-07-0985, 24 pp.) (Linda Stephens, J.) Appealed from Johnston County Superior Court (William Bell, J.) N.C. App. Holding: During an inquiry into juror misconduct, the trial court did not blindly accept a juror’s answers; ...

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Criminal Practice — Obtaining Property by False Pretenses – Real Property – Forged Deed – Presentation – Sentencing – Clerical Error (access required)

State v. Everette (Lawyers Weekly No. 14-07-0982, 24 pp.) (Lisa Bell, J.) (Sam Ervin IV, J., concurring in part & dissenting in part) Appealed from Wake County Superior Court (Orlando Hudson, J.) N.C. App. Holding: The indictment alleged that defendant ...

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Criminal Practice — Constitutional – Confession – Not in Custody – Voluntary – Child Abuse, Murder & Kidnapping (access required)

State v. Davis (Lawyers Weekly No. 14-07-0981, 24 pp.) (Robert C. Hunter, J.) Appealed from Cumberland County Superior Court (James Floyd Ammons Jr., J.) N.C. App. Holding: Although, during defendant’s third police interview, Detective Bowman told defendant that lying to ...

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Criminal Practice — DWI – Search & Seizure – Warrantless Blood Draw – Exigent Circumstances – Insufficient Findings (access required)

State v. McCrary (Lawyers Weekly No. 14-07-0983, 31 pp.) (Donna Stroud, J.) (Ann Marie Calabria, J., dissenting) Appealed from Chatham County Superior Court (W. Osmond Smith, J.) N.C. App. Holding: Although the arresting officer testified about the availability of a ...

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