Recent NC Court Opinions

1. Criminal Practice – ‘Victim’ – Sentencing – Ohio Conviction 

   State v. Phillips Since defendant did not object at trial when the trial court referred to the prosecuting witness as “the victim,” he is only entitled to plain-error review. Considering the fact that our courts have on many occasions said that the use of the term “victim” in jury instructions is not an expression of opinion, and considering the horrifying facts of the assault in the instant case, we can discern no prejudicial error as a result of the trial court’s use of the word “victim” to identify the state’s prosecuting witness during its jury instructions.

2. Criminal Practice – Prisons & Jails – Carrying a Concealed Weapon – Defendant’s Person – Razor Blade – Day Room Table 

   State v. Hill Even though the carrying-a-concealed-weapon charge was based on a razor blade stuck to the underside of a table in a day room to which defendant’s access was non-exclusive and out of his control, he had regularly scheduled access to the day room, he had been seated at the table under which the blade was discovered on the same day it was discovered, the blade was one of two taken from a pencil sharpener, and the other blade was found in defendant’s cell.

3. Criminal Practice – Habeas Corpus – Constitutional – Due Process – Liberty Interest – Parole — MAPP Agreement 

   State v. Leach : Although the defendant-prisoner alleged that his Mutual Agreement Parole Program contract required his release if he complied with the conditions set out in that document, he failed to attach the complete MAPP contract to his habeas application.