North Carolina Lawyers Weekly

We improvidently granted certiorari to review an unpublished order of the Court of Appeals dated Aug. 4, 2017, denying defendant’s petitions for writ of mandamus or writ of certiorari to review an order entered on Nov.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 ...

Tagged with: Unpublished Order

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 ...

Tagged with: Probation

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 ...

Tagged with: Expert Testimony

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 ...

Tagged with: armed robbery

We affirm our Court of Appeals’ unpublished decision to uphold the trial court’s denial defendant’s pro se “Motion to Locate and Preserve Evidences [sic] and Motion for Post-Conviction DNA Testing.”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 ...

Tagged with: evidence

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 ...

Tagged with: search and seizure

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 ...

Tagged with: Contempt

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 ...

Tagged with: evidence

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 ...

Tagged with: Rape

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 ...

Tagged with: murder