North Carolina Lawyers Weekly

In his third motion for appropriate relief, defendant challenges the use of evidence from his accomplices’ trials to establish aggravating factors in his own guilty-plea case. Each claim defendant raised in this MAR was raised in previous MARs, or he ...

Tagged with: Criminal Practice

In order to enter into a First Offender Drug Education Program Deferral Agreement, defendant acknowledged that he was guilty of possession of drug paraphernalia. However, this did not constitute a conviction within the meaning of G.S. § 15A-1341(a2). The prosecution ...

Tagged with: Criminal Practice

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...