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Tag Archives: Acting in Concert

Criminal Practice – Armed Robbery – Acting in Concert — Jury Instructions — Restitution (access required)

State v. Sullivan Even though, in its jury instructions, the trial court omitted the name of one of the three robbery participants in applying the concerted action theory to the armed robbery charge, reading the jury instructions as a whole, the trial court sufficiently instructed the jury on the theory of acting in concert. We find no error in defendant’s convictions of three counts of robbery with a dangerous weapon and one count of conspiracy to commit robbery with a dangerous weapon. The restitution order is vacated and remanded.

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Criminal Practice – Acting in Concert – Crime Scene – Flight from Police – Breaking & Entering – Larceny (access required)

State v. Bowden The only evidence that could link defendant to the break-in at the victims’ home was (1) his presence in the back yard of the home just after an unknown man was seen carrying stolen property in the area and (2) his flight from the crime scene when he saw police officers; therefore, the trial court correctly granted defendant’s motion to dismiss. Affirmed.

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Criminal Practice – Jury & Jurors – Venire – African-American Representation – Armed Robbery – Acting in Concert – Identification (access required)

State v. Jackson Defense counsel asserted that the number of African-Americans (three) in the 60-person jury venire underrepresented the county’s African-American population. Neither counsel’s assertion nor the numbers at issue were sufficient to require the trial court to discharge the jury venire based on underrepresentation of the county’s African-American population. We find no error in defendants’ conviction of robbery with a dangerous weapon.

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Criminal Practice – Burglary – Acting in Concert – Completed Role – No Withdrawal – Jury Instructions – ‘Not Guilty’ Choice (access required)

State v. Wright. (Lawyers Weekly No. 11-07-0349, 16 pp.) (Sanford L. Steelman Jr., J.) Appealed from Durham County Superior Court. (Cressie Thigpen Jr., J.) N.C. App. Click here for the full text of the opinion. Holding: Even though defendant expressed ...

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Criminal Practice – Murder – Acting in Concert – Rape & Robbery – Miranda Warnings – Jury Selection – Prosecutor’s Arguments – Death Penalty – Mitigating Factors (access required)

State v. Waring. Defendant's statement that he was "not going to snitch" was not a clear invocation of his Miranda rights; therefore, the police were not required to cease their questioning of defendant. No prejudicial error in defendant's conviction of first-degree murder or in the sentence of death.

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Criminal Practice – Jury Instructions – Acting in Concert – Evidence – Prior Inconsistent Statement – State’s Witness – Rule 607 (access required)

State v. Gabriel. (Lawyers Weekly No. 10-07-1011, 19 pp.) (Linda Stephens, J.) Appealed from Mecklenburg County Superior Court. (Jesse B. Caldwell III, J.) N.C. App. Click here to read the full text of the opinion. Holding: Even though defendant said ...

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