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Criminal Practice

Oct 31, 2024

Criminal Practice – Prior Statements as Corroborative Evidence – Custodial Interrogation of a Minor

An inmate’s video conversation was properly admitted into evidence for corroborative purposes. Defendant received a fair trial, free from prejudicial error. Defendant appealed from the trial court’s judgment entered upon […]

Oct 31, 2024

Criminal Practice – Impeachment Evidence – Self-Defense Instruction

Even assuming the trial court erred in failing to allow the jury to hear about the victim’s prior, drug-related arrests, given the video recording of the shooting and other evidence […]

Oct 30, 2024

Criminal Practice – Trespass – Reasonable Suspicion

Lieutenant Beam of the Mitchell County Sheriff’s Office maintained reasonable suspicion when Defendant consented to the search of his car, and we affirmed the Order’s finding that Defendant consented to […]

Oct 28, 2024

Criminal Practice – Accessory After the Fact – Restitution

Since there was substantial evidence of Defendant’s accessory after the fact crimes, we held that the trial court did not err in denying the motion to dismiss. However, the evidence […]

Oct 28, 2024

Criminal Practice – Denial of Motion to Suppress – Smell of Unburnt Marijuana

The trial court properly denied Defendant’s motion to suppress evidence recovered from the search of Defendant’s vehicle. Under the totality of the circumstances, sufficient evidence supports probable cause. We affirmed […]

Oct 28, 2024

Criminal Practice – Ineffective Assistance of Counsel – Jury Selection Process

Defendant did not receive ineffective assistance of counsel when his counsel failed to file a motion to suppress because the search warrant was proper and supported by probable cause. Further, […]

Oct 28, 2024

Criminal Practice – Indecent Liberties – Justice Reinvestment Act

The trial court did not commit reversible error by sentencing Defendant under the Justice Reinvestment Act. The trial court’s imposition of Defendant’s sentence was without error. Defendant appealed from a […]

Oct 28, 2024

Criminal Practice – Heck Dismissal – Prison Litigation Reform Act

A Heck dismissal is necessarily for failure to state a claim and thus counts as a Prison Litigation Reform Act (PLRA) strike. We denied Appellant’s motion to proceed in forma […]

Oct 9, 2024

Criminal Practice – Obtaining Property by False Pretenses – Obstruction of Justice

As Defendant obtained his certification prior to making any misrepresentation, and his false pretenses led only to a retention of certification, the trial court erred by denying his Motion to […]

Oct 9, 2024

Criminal Practice – Indecent Liberties with a Child – Rule 404(b) Evidence

The trial court did not err by admitting minor child B.T.’s testimony because it satisfies the similarity and temporal proximity requirements of Rule 404(b). Further, the trial court did not […]

Oct 9, 2024

Criminal Practice – Life without Parole – Miller v. Alabama

The court did not misapply Miller v. Alabama’s mitigating factors. We affirmed. In 1999, Defendant was sentenced to life without parole (LWOP) for first-degree murder. As Defendant was only 16 […]

Oct 9, 2024

Criminal Practice – Petition for Removal from Sex Offender Registry – Residency

For purposes of the North Carolina Sex Offender Registry, Petitioner’s residency in North Carolina remains in Mecklenburg County. Therefore, venue was proper in that judicial district and the Mecklenburg County […]


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