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Criminal Practice — DWI – Evidence Exclusion – Smartphone Recordings – Authentication – No Prejudice – Constitutional – Speedy Trial (access required)

State v. McGee (Lawyers Weekly No. 14-16-1001, 19 pp.) (Rick Elmore, J.) Appealed from Davie County Superior Court (J. Lynn Gullet & Theodore Royster Jr., JJ.) N.C. App. Unpub. Holding: Defendant’s sister testified that, using her smartphone, she had made ...

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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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