North Carolina Lawyers Weekly
After pleading guilty to sale of cocaine and possession of cocaine with intent to sell and deliver, defendant seeks a writ of certiorari to determine whether there was a sufficient factual basis for the offense of selling cocaine. Where (1) ...
Read More »Criminal Practice — Guilty Plea – Factual Basis – Sentencing
Criminal Practice — MAR – Equal Protection – Racial Discrimination Claim – Plea Offers 
Although the prosecutor offered plea deals to defendant’s white co-defendants but not to the black defendant, since the white co-defendants ran away when they realized the victims were being shot, while defendant exhorted the shooters and their lookout to hurry, ...
Read More »Criminal Practice — Subject Matter Jurisdiction – Indictment Allegations – Obstruction of Justice
Although the caption of defendant’s indictment included the words “obstruction of justice,” this was insufficient to correct the indictment’s omission of an essential element: that defendant obstructed, prevented, impeded, or hindered justice. We vacate the judgment against defendant and remand ...
Read More »Criminal Practice — False Pretenses – Intent to Deceive – Other Bad Acts – General Contractor
Given the long string of projects for which the defendant-contractor received upfront payment but which he never completed or even substantially began, the state’s evidence of defendant’s intent to deceive was sufficient to survive defendant’s motion dismiss. We find no ...
Read More »Criminal Practice — Probation Revocation – Late-Presented Exhibit – Informal Proceeding – New Crime – 50B Order
Given the informal nature of a probation revocation hearing, defendant’s opportunities to speak and present evidence, and defense counsel’s review of a domestic violence protective order before the order was handed to the judge at the end of the hearing, ...
Read More »Criminal Practice — Constitutional – Ex Post Facto Law – Supreme Court Decision – Self-Help
Where our Supreme Court ruled that existing law did not permit a party to legally engage in self-help under a claim of right if the property at issue was subject to an illegal transaction, application of the Supreme Court’s ruling ...
Read More »Criminal Practice — Sexual Battery – Indictment Allegations – Force – Masseur
The complaining witness alleged that, after turning onto her back at the defendant-massage therapist’s suggestion, she felt her underwear pushed to the side and felt three acts of digital penetration from defendant. Where the indictment alleged merely that defendant acted ...
Read More »Criminal Practice — Constitutional – Ineffective Assistance Claim – Final Summation Lost
Defendant and his ex-girlfriend planned to set up the victim so defendant could beat him up and put him outside naked. Although the victim was naked when the ex-girlfriend called defendant, he had a gun under his pillow; defendant also ...
Read More »Criminal Practice — Constitutional – Batson Challenge – Failure to State Race-Neutral Explanation
Even though defendant surmised that Juror Quinn’s brother being in jail would be the race-neutral reason for the state’s peremptory challenge to Juror Quinn, since – in the face of defendant’s Batson challenge – the state never proffered an explanation ...
Read More »Domestic Relations — Parent & Child – Guardianship & Reunification – Secondary Plan Removed
Where the trial court held that (1) Wake County Human Services “is relieved of the obligation to make further efforts towards reunification”; (2) “further efforts towards reunification are inconsistent with the children’s need for a safe, permanent home within a ...
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