Recent NC Court Opinions

1. Criminal Practice – Right to Remain Silent – State’s Evidence – Right to Plead Not Guilty 

   State v. Bean Although the state elicited evidence that defendant exercised her right to remain silent, given the other evidence of defendant’s guilt – her own admissions to a nurse, “I killed my husband just because I finally had enough of him” and “I’m guilty” and the victim’s fear that defendant would kill him – the prosecutor’s comments and questions regarding whether defendant mentioned self-defense prior to trial had little bearing on the jury finding defendant guilty.

2. Criminal Practice – Attempted Larceny – Completed Offense – Jury Instructions – Injury to Personal Property 

   State v. Primus Even though the list of the elements of attempted felonious larceny set out in State v. Weaver, 123 N.C. App. 276, 473 S.E.2d 362 (1996), included “falling short of the completed offense,” and even though the state proved that defendant completed the offense of felonious larceny, this does not require the conclusion that proof of the completed offense disproves the attempt to commit. The completed commission of a crime must of necessity include an attempt to commit the crime.

3. Criminal Practice – Murder – Evidence – Eyewitness – Lesser Included Offense 

   State v. Ingram though one of the eyewitnesses was only 10 years old at the time of the shooting, the credibility of the witness’s identification of defendant was a question for the jury.