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Recent Articles from Teresa Bruno, Opinions Editor
Criminal Practice – Writs of Mandamus & Certiorari – Unpublished Order
We improvidently granted certiorari to review an unpublished order of the Court of Appeals dated Aug. 4, 2017, denying defendant’s petitions for writ of mandamus or writ of certiorari to review an order entered on Nov. 14, 2016, by Judge Bryan Collins in Superior Court, Caldwell County. State v. Austin (Lawyers Weekly No. 010-081-18, 1 […]
Criminal Practice – Probation Violation – Absconding – Probation Term
As to the issue of whether the evidence in this case could support a determination that defendant violated G.S. § 15A-1343(b)(3a), we hold that the state failed to carry its burden of presenting sufficient evidence to support the trial court’s decision to revoke defendant’s probation based upon a finding that defendant willfully absconded probation. Accordingly, […]
Criminal Practice – Expert Testimony – Fingerprint Comparison – Harmless Error – Assault Charges – Search Warrant
We improvidently allowed discretionary review of the Court of Appeals’ decision (Although the state’s fingerprint expert explained her usual procedure for comparing fingerprints, she provided no detail in testifying about how she arrived at her conclusions in this case. She thus failed to demonstrate that she “applied the principles and methods reliably to the facts […]
Criminal Practice – Multiple Conspiracies – Armed Robbery Spree
We affirm the Court of Appeals’ decision (Although defendant and his companions were all wearing dark clothing, and although police found head and face coverings, gloves and weapons inside their Jeep, it was up to the jury to decide whether the conspirators’ five armed robberies during one morning were the result of a single conspiracy […]
Criminal Practice – Evidence – Post-Conviction DNA Testing
We affirm our Court of Appeals’ unpublished decision to uphold the trial court’s denial defendant’s pro se “Motion to Locate and Preserve Evidences [sic] and Motion for Post-Conviction DNA Testing.” State v. Sayre (Lawyers Weekly No. 010-077-18, 1 p.) (Per Curiam) Appealed from Forsyth County Superior Court (Eric Morgan, J.) On appeal from the Court […]
Criminal Practice – Search & Seizure – Plain View Doctrine – No Apparent Crime – Probationer’s Gun
We reverse the decision of the Court of Appeals for the reasons stated in Judge Arrowood’s dissent (Under the regular terms and conditions of probation, the shotgun was contraband. Given that the officers were serving a warrant for a probation violation, it was immediately apparent that the shotgun was contraband. Therefore, I would uphold the […]
Civil Practice – Contempt – Refusal to Comply – Real Property – Trespass
We vacate our Court of Appeals’ decision (Regardless of whether defendants have the ability to comply with the trial court’s order – requiring them to remove structures from plaintiff’s land and to attest never to trespass on plaintiff’s land again – defendants insist that they will not comply. Consequently, G.S. § 5A-21(a) did not require […]
Most Important Opinions for the 3Q 2018
The most important opinions from the third quarter of 2018
Criminal Practice – Evidence – Defendant’s Post-Arrest Statements – Cross-Examination – Sentencing – Aggravating Factors – Pretrial Notice
After his arrest, defendant told police where he had left his six-year-old victim chained to a tree, told them how to unlock the chains, said he was sorry and that he hoped she was okay, and said he had planned to bring her some water. Defendant was charged with attempted murder, so this evidence was […]
Criminal Practice – Rape – Eyewitness Testimony & Physical Evidence – SBM – No Hearing
The state presented the following evidence: (1) the victim was heard screaming; (2) strangers Jean and John ran toward the sound of the screams and “saw a man straddling” the victim; (3) John threw the man off the victim and saw him pulling his pants up and that he had an erection; (4) the victim’s […]
Criminal Practice – Murder – Evidence – Facebook Messages – Felony Murder
The state presented evidence of a Facebook message showing hostility between defendant and the victim over defendant’s interactions with the victim’s girlfriend and that (1) on the same night as the Facebook message, an armed man came to the victim’s home at 2:30 am, using language similar to that used in the Facebook message; (2) […]
Criminal Practice – Sentencing – Juvenile Offender – Life without Parole – First Impression
Where the trial court found that “there is no certain prognosis” for defendant’s potential for rehabilitation, defendant – who was 17 when he committed the two murders at issue – does not fall within the class of juvenile offenders who are “irreparably corrupt” and “permanently incorrigible” and who may therefore be sentenced to life without […]
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Commentary
- Name game can end up being blame game
- Stericycle decision forces evaluation of policies, practices
- Are workplace DEI policies still legal after SCOTUS decisions?
- N.C. justices to decide many interesting cases
- Amotion sees resurgence after almost a decade
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Court’s term was rough on big business
- Ex-president, bar association have made their choice
- Ruling sharpens boundaries in attorney-client privilege
- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
