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 […]
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 […]
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 […]
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 […]
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 […]
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
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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