Although the judgment and commitment entered by the trial court include a directive for entry of a civil judgment against defendant for restitution to the victim, no such civil judgment appears in the record on appeal. Absent entry of the ...
Read More »Criminal Practice – Appeals – Restitution – Civil Judgment – No Entry
Criminal Practice – Bond Forfeiture – Motion to Set Aside – Sanctions Motion – Jurisdiction 
Defendant’s surety moved to set aside the forfeiture of its bond after defendant failed to appear (he was deported). The appellant-school board moved for sanctions because the surety’s motion did not include the documentation required by G.S. § 15A-544.5. Without ...
Read More »Criminal Practice – Sex Offender Registration – Constitutional – Ex Post Facto 
Defendant, who was convicted of rape in 1977, argues that the trial court’s application of the Sex Offender Registration and Notification Act to deny his petition for removal from the sex offender registry violates the ex post facto clauses of ...
Read More »Criminal Practice – Armed Robbery – Acting in Concert – Armed Brother – Lesser Included Offense 
Defendant was not entitled to dismissal of the armed robbery charge against him. A reasonable inference that defendant was acting in concert with his armed brother and with assailant Lonnie Degraffenreidt arises from the state’s evidence: Defendant and Degraffenreidt were ...
Read More »Criminal Practice – Armed Robbery – Victim’s Testimony – Gang Affiliation – Relevance 
The victim of an armed robbery could testify about defendants’ alleged gang affiliation in order to explain why he (the victim) carried a handgun after having engaged in a fistfight with defendant Randolph and having a different gun stolen from ...
Read More »Criminal Practice – Cocaine Sale & Delivery – Controlled Buy – Evidence – Other Sales 
At defendant’s trial for possession with intent to sell and deliver cocaine and sale and delivery of cocaine arising out of a 25 February 2015 controlled buy by a confidential informant, the trial court did not abuse its discretion when ...
Read More »Criminal Practice – Second-Degree Murder – DWI – Jury Instruction Request – Misdemeanor Death by Vehicle – Bond Refusal 
According to the state’s evidence, after drinking and after the Carolina Panthers had won the NFC championship, defendant drove well over the speed limit on South Boulevard, and he struck and fatally wounded a pedestrian without ever braking. This evidence ...
Read More »Criminal Practice – Jury Selection – One Lawyer Per Pass – Incomplete Questioning – Victim’s Vulnerability 
During jury voir dire, the trial court limited the parties to questioning by one attorney per pass. Although one defense attorney started questioning potential jurors before trial adjourned for the day and could not be present the next day of ...
Read More »Criminal Practice – Armed Robbery – Lay Witness – ‘Gang Signs’ – Facebook Photos 
Photos from Facebook were admitted as evidence of a conspiracy between defendant and Maurice Woodson. A police detective’s testimony, which spanned 57 pages, included only three mentions that defendant was displaying gang signs in the pictures. Even if the detective’s ...
Read More »Criminal Practice – Larceny after Breaking & Entering – Recency of Possession – Types of Goods 
Twelve days, at most, after the victim’s home was broken into, defendant was found in possession of all of the goods stolen from the victim’s home. Although some of the goods were of the type typically sold through lawful retail, ...
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