North Carolina Lawyers Weekly

The common law robbery indictment against defendant did not identify the owner of the property he was alleged to have stolen; nevertheless, defendant could be convicted of the lesser included offense of felony larceny. We find no error in defendant’s ...

Defendants’ notice of appeal fails to indicate whether it was properly filed with the Orange County Clerk of Superior Court, preventing us from determining if this court’s jurisdiction has been properly invoked. Appeal dismissed. The record also lacks the entry ...

Even though plaintiffs provided much of the care for their great-niece, the defendant-mother, in seeking help from relatives after she had a child when she was very young herself, did not act inconsistently with her protected status as a parent. ...

Where the third-party plaintiff presented affidavits averring that the third-party defendants were knowingly, actively involved in the management and control of a North Carolina company, to the point that several of them personally and regularly attended meetings held in North ...

  A tin of controlled substances was found in a dresser drawer in what defendant considered his “personal space” in a home he shared with others. Although the state’s evidence supported a finding of defendant’s constructive possession of the drugs, ...

  Given defendant’s long history of incompetence to stand trial, the delay between his last competency hearing and the start of his trial, and his counsel’s expression of concern about his mental state at the end of the third day ...

  Even though there was a five-year delay between defendant’s indictment and his trial, and even though most of the delay was occasioned by the state’s crowded docket, since (1) defendant waited five years to file his speedy trial motion, ...

  Although we agree with the Court of Appeals and the trial court that defendant’s hands and arms can be considered a deadly weapon for purposes of felony murder, the trial court gave a prejudicially erroneous instruction: that the jury ...

Where a defendant was convicted of possessing a firearm and sentenced under the heightened penalties of the Armed Career Criminal Act, or ACCA, based on prior felony convictions, because the Virginia rape and burglary statutes can be satisfied with proof ...

Where a defendant who was sentenced to death for his role in a murder for hire plot alleged his trial counsel provided ineffective assistance by failing to investigate adequately his brain injury and potential mental illness, and failing to introduce ...