North Carolina Lawyers Weekly

The court declines to follow an unpublished opinion that found the prosecutor’s and a prosecution expert’s use of the words “disclose” and “disclosure” amounted to impermissible vouching for a child-victim. We find no plain error in defendant’s conviction of two ...

Defendant was placed on probation pursuant to a deferred prosecution agreement. After defendant’s probation officer reported a probation violation, defendant’s probation was revoked, leaving the state free to pursue prosecution. Since there is no final judgment in this case, defendant ...

  Defendant was charged with assault inflicting serious bodily injury under G.S. § 14-32.4(a), and the trial court instructed the jury only on a portion of the statute, requiring the jury to convict if they found a serious bodily injury ...

Where a defendant found guilty of being a felon in possession of a firearm under the Armed Career Criminal Act, or ACCA, had his sentenced reduced because of a 2015 Supreme Court decision, the reduction was in error because his ...

Where the defendant made a series of online threats against police officers generally, as well as threats that he was on a “manhunt” for three particular officers, the search warrant was adequately supported. And where he failed to establish that ...

Two Baltimore police officers charged with robbing citizens during the course of their police work and committing fraud in obtaining overtime pay were unsuccessful in arguing that the evidence was insufficient to hold them liable for racketeering and conspiracy and ...

In support of the motion to dismiss that he raised before the trial court, defendant argued, not only that there was insufficient evidence that he knew what was in a black box, but also that there was insufficient evidence of ...

The state presented evidence that the 335 bindles of heroin seized from defendant weighed a total of 4.995 grams; thus, the total exceeded the four-gram threshold for a conviction of trafficking in heroin. Since there was no conflicting evidence, the ...

Where a North Carolina statute authorized warrantless searches of post-release supervisees by a probation officer, the search of defendant’s apartment was not unlawful, even though his own supervision agreement only authorized warrantless searches of his residence by his assigned probation officer, ...

Although the defendant’s statement admitting possession of a gun was involuntary, his motion to suppress failed because prior to any involuntary admissions, the police believed he possessed a weapon, had probable cause to search the car and would have inevitably ...