State v. Teague The state presented enough evidence of defendant’s intent to kill to reach the jury on a charge of attempted murder: the day that defendant was told to leave the victims’ residence by their daughter-in-law, defendant drove to Walmart and bought a pair of binoculars and a knife; eventually returned to the victims’ residence; laid near the residence watching them with his binoculars; when Maranda — defendant’s teenage wife — and the victims went to bed, he entered the residence and cut both of the victims multiple times in the neck while they were asleep.
State v. Oakes. (Lawyers Weekly No. 11-07-0024, 23 pp.) (Barbara Jackson, J.) Appealed from Hertford County Superior Court. (William C. Griffin Jr., J.) N.C. App. Click here for the full text of the opinion. Holding: The trial court declined to qualify defendant’s witness as an expert in the field of “use of force science.” Since [...]
State v. Dye. (Lawyers Weekly No. 10-07-1010, 14 pp.) (Donna S. Stroud, J.) Appealed from Durham County Superior Court. (Orlando F. Hudson, J.) N.C. App. Click here to read the full text of the opinion. Holding: Even if an expert should not have been allowed to testify that the victim did not appear to be [...]
State v. Minton. (Lawyers Weekly No. 10-16-0830, 14 pp.) (Cheri Beasley, J.) (Barbara Jackson, J., concurring in the result only) Appealed from Orange County Superior Court. (Paul C. Ridgeway, J.) N.C. App. Unpub. Holding: Defendant has waived any challenge to the admission of hearsay evidence on appeal because defense counsel elicited the same evidence [...]