Free Newsletter
Criminal Practice — Assault – Evidence – Prior Flare Gun Shooting
North Carolina Lawyers Weekly Staff//December 26, 2021//
Criminal Practice — Assault – Evidence – Prior Flare Gun Shooting
North Carolina Lawyers Weekly Staff//December 26, 2021//
Four years before he shot the victim multiple times with a pistol, defendant shot the victim with a flare gun. Evidence of the flare-gun incident was admissible to show ill will, and thus motive, under N.C. R. Evid. 404(b).
We find no error in defendant’s conviction of assault with a deadly weapon with intent to kill inflicting serious injury. Defendant’s claim of ineffective assistance of counsel is dismissed without prejudice.
State v. Blackmon (Lawyers Weekly No. 012-337-21, 13 pp.) (Jeffery Carpenter, J.) Appealed from Mecklenburg County Superior Court (Casey Viser, J.) Wendy Lindberg for the state; Jason Christopher Yoder for defendant. 2021-NCCOA-549
Top Legal News
- Courts back North Carolina in every resolved challenge to Trump administration, N&O finds
- Lawsuit claims Brunswick school officials ignored sexual assault
- Attorney General Jackson touts Medicaid fraud unit’s record before legislative committee
- Undue influence claim revives challenge to city sewer backup settlement
- ‘I was outraged’: Detroit judge reveals how Trump changed immigration court
- Lawmakers censure KY Supreme Court justice over impeachment opinion
- Henderson County approves $102 million courthouse financing contract
- Insufficient evidence of serious bodily injury reduces felony assault conviction
- Uber faces second driver sexual assault trial following $8.5 million verdict
- $9.5M settlement; Fleeing driver runs stop sign, kills elderly woman
- ICE detention cases are overwhelming RI’s federal courts. What’s being done?
Commentary
- Your best people are not leaving for more money — they are leaving because you stopped paying attention
- Best at Work Insights: The choice we’re making about AI
- New life for the noncompete
- 2026: The year of tech, both heroes and villains
- Beyond burnout: The case for workplaces where people thrive
- The December question every leader should anticipate
- How do parent corporations deal with Workers’ Compensation?
- Best at Work Insights: Don’t Import 996: Why America Should Reject Overwork Culture
- Law ‘n History: The beer, scandal and haunted mansion of the Lemp dynasty
- Using QALY to quantify emotional distress in legal cases
- Building relationships strengthens law firms, professional growth
- Zealous advocacy in law practice under scrutiny
