North Carolina Lawyers Weekly
Where jury instructions jointly proposed by the government and the defendants did not track the charges in the indictment involving crimes of violence, and had the effect of broadening the possible basis for conviction, the convictions on the assault counts ...
Read More »Criminal Practice – Convictions upset because of faulty instructions
Criminal Practice – Plea waivers bar appeal of bank fraud restitution 
Where a man who pleaded guilty to conspiracy to commit bank fraud arising out of his involvement in “short sales” and refinancing of three residential properties appealed orders of restitution and forfeiture, his appeals were barred by global appeal and ...
Read More »Criminal Practice – Fair trial not affected by use of hearing-impaired juror
Where the trial judge overseeing the defendant’s trial for first-degree murder and armed robbery was aware of a juror’s hearing impairment, and took steps to address it, including repeatedly questioning the juror and confirming with counsel that they could proceed, ...
Read More »Criminal Practice — Speeding – Jury Trial Waiver – Judge’s Colloquy – Mid-trial
After defense counsel notified the trial court that defendant wished to waive a jury trial, the trial court did not conduct the colloquy with defendant required by G.S. § 15A-1201 until after the state rested its case. This statutory violation ...
Read More »Criminal Practice — Closing Argument – Evidence Summary – Prosecutor’s Mistake – Tattoo Location
An eyewitness to a shooting incident described defendant as having a tattoo on his cheek, defendant’s former girlfriend described him as having a tattoo on his chest, and a photo was admitted into evidence showing defendant’s chest tattoo. In her ...
Read More »Criminal Practice — Indecent Liberties – Credibility – Forensic Interviewer – ‘Disclose’ – Domestic Violence
Where defendant was accused of inappropriately touching his girlfriend’s minor daughter, an expert witness’s use of the word “disclose,” standing alone, did not constitute impermissible vouching as to the victim’s credibility, regardless of how frequently used. The use of “disclose” ...
Read More »Criminal Practice — Meth Possession – Intent to Sell or Deliver – Totality of the Circumstances
The court adopts the factors articulated in State v. Nettles, 170 N.C. App. 100, disc. review denied, 359 N.C. 640 (2005), to test whether the state’s evidence is sufficient to go to the jury on the issue of whether a ...
Read More »Criminal Practice — Murder by Starvation – First Impression – Malice – Some Feedings
The act of starving another person to death—as defendant did to his four-year-old stepson, Malachi—takes time, during which the defendant has ample opportunity to reflect upon his conduct, to take mercy upon the victim, and to be increasingly aware ...
Read More »Criminal Practice – Constitutional – Due Process – Prosecutor’s Closing – Not Guilty Plea – No Prejudice
During closing arguments, it was improper for a prosecutor to raise the issue of defendant’s decision to plead not guilty. However, given (1) the fact that this was only a small part of the prosecutor’s argument, (2) the evidence against ...
Read More »Criminal Practice — Appearance Bond – Motion to Set Aside Forfeiture – Voluntary Dismissal – Sanctions Motions
Defendant’s surety moved to set aside the forfeiture of defendant’s bond based on a death certificate that later turned out to be a fake, and the school board moved for statutory sanctions based on the fake death certificate. Since ...
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