Even though a former jailer could not remember encountering defendant after he was arrested, the jailer recalled creating a jail incident report about the methamphetamine he found on defendant’s person. The state laid an adequate foundation for admission of the ...
Read More »Criminal Practice — Evidence – Jail Incident Report – Recorded Recollection – IAC Claim – Sentencing – Prior Record Level Worksheet
Insurance — Auto – UIM – Multiple Tortfeasors & Policies – First Impression 
Although a passenger who was killed in a motor vehicle accident was entitled to $100,000 in underinsured motorist coverage under two separate policies, since the negligence of two tortfeasors – each with liability coverage of $100,000 – caused the passenger’s ...
Read More »Criminal Practice — Jury Instructions – Solicitation to Murder – First & Second Degree – First Impression 
Since the state’s evidence was that defendant asked a fellow jail inmate to murder defendant’s girlfriend when the other inmate was released, if the jury believed the state’s evidence, the jury would necessarily find premeditation. Accordingly, any error in the ...
Read More »Criminal Practice — Attorney-Client Privilege – Prosecutor’s Questions – No Prejudice – Defendant’s Credibility 
The trial court should have sustained defendant’s objection to the prosecutor’s questions about defendant’s communications with his lawyer; however, the questions were posed to impeach defendant’s credibility, and defendant had already admitted that he had lied to the police about ...
Read More »Criminal Practice — Confession – First Impression – Surrender Negotiations 
When sheriff’s deputies went to defendant’s home to arrest him for statutory rape and indecent liberties, defendant locked himself in his bedroom and threatened suicide. Defendant was not “in custody” while deputies negotiated his safe exit from his bedroom, so ...
Read More »Criminal Practice — DWI – Constitutional – Medical Blood Draw – Other Overwhelming Evidence 
Even if G.S. § 8-53, which allows a judge to compel disclosure of confidential medical information “if in [the judge’s] opinion disclosure is necessary to a proper administration of justice,” was not a constitutional method for law enforcement to obtain ...
Read More »Criminal Practice — Constitutional – Request for Counsel – Custodial Interrogation – Statutory Rape 
Once his Miranda rights were read to him during custodial police interrogation, defendant said, “I’ll talk to you but I want a lawyer with it and I don’t have the money for one.” Given the ambiguity of defendant’s statement, police ...
Read More »Criminal Practice — Traffic Stop – Sticker Misplacement – Reasonable Mistake 
At the time that defendant was stopped for a misplaced renewal sticker violation, there was no regulation directing her where to place the sticker. Nevertheless, the instructions on her registration card instructed her to place the sticker on the upper ...
Read More »Domestic Relations — Parent & Child – Constitutional – Appeals – Issue Preservation 
Despite being on notice that DSS and the guardian ad litem were recommending that the trial court change the primary permanent plan for “Jimmy” and “Lola” from reunification to guardianship, the respondent-father failed to assert before the trial court his ...
Read More »Domestic Relations — Parent & Child – Termination of Parental Rights – Plan Progress 
not preclude the court from determining that termination of respondent’s parental rights was in “Scott’s” best interests. The trial court’s findings demonstrate that it considered the dispositional factors set forth in G.S. § 7B-1110(a) and performed a reasoned analysis weighing ...
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