North Carolina Lawyers Weekly

Defendant moved to suppress the evidence seized at the time of his arrest, and the state does not contend defendant’s motion was untimely or procedurally deficient. Consequently, the burden of proof was on the state to demonstrate the admissibility of ...

Tagged with: Criminal Practice

When defendant appealed his conviction for attaining habitual felon status, state’s exhibits 41 through 43 – certified copies of defendant’s prior convictions for armed robbery, possession of a firearm by a convicted felon, and malicious conduct by a prisoner – ...

Tagged with: Criminal Practice

As a special condition of probation, the trial court required defendant to be considered an absconder if he has no contact with his probation officer or leaves the jurisdiction for 14 days. “Not absconding” is one of the regular conditions ...

Tagged with: Criminal Practice

After the denial of his motions to suppress, defendant pleaded guilty without giving notification or advisement in the plea agreement or during the plea process so as to reserve the right to appeal the denial of his motions. Therefore, defendant ...

Tagged with: Criminal Practice

Defendant sought to introduce testimony from his godson that defendant had never made improper advances to him. Such character evidence was properly excluded. The godson’s relationship with defendant had no bearing on defendant’s alleged misconduct with his foster children’s friends ...

Tagged with: Criminal Practice

Defendant relies on self-defense cases to argue that a trial court’s failure to instruct on an affirmative defense is preserved for appellate review even when a defendant fails to request the instruction. However, although self-defense is a substantial and essential ...

Tagged with: Criminal Practice

Defendant was convicted of second-degree rape, which qualified him as an aggravated offender. Because defendant is an “aggravated offender” under G.S. § 14-208.6(1a), his expectation of privacy was diminished. When a defendant is an aggravated offender, the search effected by ...

Tagged with: Criminal Practice

On 18 October 2021, the trial court issued a Conditions of Release and Release Order, indicating defendant’s “second or subsequent failure to appear in this case” (actually, his fourth failure to appear). Later that same day, the appellee-surety executed a ...

Tagged with: Criminal Practice

During the investigation of the murder of Tyrone Robinson, police compiled a list of phone numbers that had been in contact with the phone of suspect Haddie Jones. That list, which included the names of the people associated with the ...

Tagged with: Criminal Practice

Under the stand-your-ground law, defendant had no duty to retreat when the victim approached defendant’s front porch; however, defendant was not entitled to use deadly force against the unarmed victim. We find no error in defendant’s conviction of assault with ...

Tagged with: Criminal Practice