North Carolina Lawyers Weekly

  This is the third time that the same district attorney has attempted to try defendant for crimes based on an incident in which defendant allegedly brutally assaulted his wife. Each time, defendant has been charged with offenses carrying significantly ...

  After defendant was arrested for driving while impaired and refused to provide a breath sample, police obtained a warrant for a sample of his blood. Where defendant resisted hospital personnel’s attempts to draw his blood, police officers were justified ...

  Where (1) on direct examination, State Trooper Gibbs mentioned that he had taken measurements at the scene of the accident in which a car struck defendant’s moped; (2) on cross-examination of the trooper, defense counsel elicited more details about ...

  Defendant signed her own name when she used the victims’ credit cards; however, the state was not required to show that defendant engaged in a financial card transaction literally “in the other person’s name.” Therefore, defense counsel’s failure to ...

A defendant who pleaded guilty to arson and was convicted of making a false statement to influence a bank loan is entitled to resentencing because the district court failed to identify an aggravating circumstance not accounted for by the sentencing ...

Where the magistrate judge failed to advise the defendant of his potential exposure to a 15-year mandatory minimum sentence by pleading guilty to possession of a firearm by a felon, and the defendant demonstrated there was a “reasonable probability” he ...

In a case of first impression, where a defendant’s motion to represent himself in his criminal trial for child pornography was denied, the collateral order doctrine does not provide means for immediate appellate review and there is no subject-matter jurisdiction. ...

In a case of first impression, the term “another person” in the federal aggravated identity theft statute was held to include deceased victims of identity theft, based on the plain language of the statute, its context and legislative history. Background ...

Where the state failed to turn over Brady materials and the state court appeared to apply an incorrect standard when reviewing a petitioner’s post-conviction application, there was another ground sufficient to sustain the decision to deny his application. In addition, the ...

  At defendant’s trial for attempted armed robbery of a convenience store, a prosecution witness testified that defendant admitted to trying to rob the store but claimed that the “gun” was actually a BB gun painted black. Because of this ...