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Criminal Practice – Constitutional – Confrontation Clause – Substance Analyst – Notice & Demand Statute – Insufficient Objection (access required)

State v. Whittington (Lawyers Weekly No. 14-06-0079, 16 pp.) (Robert H. Edmunds Jr., J.) (Robin E. Hudson, J., joined by Cheri Beasley, J., dissenting) Appealed from Nash County Superior Court (Quentin T. Sumner, J.) On discretionary review from the Court ...

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Recount shows McCullough bested Thigpen by wider margin (access required)

A recount of votes requested by Judge Cressie Thigpen Jr. was completed late Monday, with the results showing that Doug McCullough is the winner of the Court of Appeals seat, with the gap between the two widening slightly. McCullough, a former Court of Appeals judge, narrowly edged out Thigpen when the second- and third-place ballots were counted in the instant-runoff election. In the 13-way race to determine the top two vote-getters, Thigpen was in first place with 20.3 percent of the vote compared to McCullough's 15.2 percent.

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McCullough edges Thigpen in instant runoff for appeals court (access required)

In a surprise turnaround, former Court of Appeals Judge Doug McCullough has narrowly edged out Judge Cressie Thigpen Jr., apparently winning the seat. With all 100 counties reporting the results of a second round of ballot-counting, McCullough has a 5,988-vote lead over Thigpen. A spokesman for Thigpen said his campaign will ask for a recount, with a letter being delivered to the state Board of Elections this afternoon.

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Counties still counting votes in 13-way appeals court race (access required)

Court of Appeals Judge Cressie Thigpen Jr. is maintaining his lead over challenger Doug McCullough as workers at county elections boards across the state continue to count second- and third-place votes to determine the winner of the seat that went up for grabs when Judge James A. Wynn Jr. was confirmed to the U.S. 4th Circuit Court of Appeals. As of Thursday evening, elections officials in 52 of North Carolina's 100 counties had completed their counting. But state elections board officials said they didn't have a good breakdown on which counties were reporting, and it would be impossible to project a winner.

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