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Criminal Practice – Writs of Mandamus & Certiorari – Unpublished Order
We improvidently granted certiorari to review an unpublished order of the Court of Appeals dated Aug. 4, 2017, denying defendant’s petitions for writ of mandamus or writ of certiorari to […]
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 […]
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 […]
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 […]
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We affirm our Court of Appeals’ unpublished decision to uphold the trial court’s denial defendant’s pro se “Motion to Locate and Preserve Evidences [sic] and Motion for Post-Conviction DNA Testing.” […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 – […]
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