State v. Ricks (Lawyers Weekly NO. 011-021-16, 28 pp.) (Robert Hunter Jr., J.) (Chris Dillon, J., concurring in part & dissenting in part) Appealed from Alamance County Superior Court (James Hardin Jr., J.) N.C. App. Holding: According to G.S. § ...

Tagged with: armed robbery

State v. Brown (Lawyers Weekly No. 15-07-0200, 19 pp.) (Martha Geer, J.) Appealed from Guilford County Superior Court (David Hall, J.) N.C. App. Holding: In refusing to answer the trial court’s questions as to whether he waived his right to ...

Tagged with: armed robbery Forfeiture of Counsel

State v. Jastrow (Lawyers Weekly No. 14-07-1076, 19 pp.) (Richard Dietz, J.) Appealed from Davie County Superior Court (Ted Royster Jr., J.) N.C. App. Holding: Even though both victims were in the same home, each was threatened in a different ...

Tagged with: armed robbery

State v. Watlington (Lawyers Weekly No. 14-07-0633, 13 pp.) (Linda McGee, J.) Appealed from Alamance County Superior Court (Henry Hight Jr., J.) N.C. App. Holding: At defendant’s first trial, he was convicted of several charges, but the jury could not ...

Tagged with: armed robbery

Fowler v. Joyner, Warden (Lawyers Weekly No. 14-01-0520, 42 pp.) (Traxler, J.) No. 13-4, June 2, 2014; USDC at Charlotte, N.C. (Whitney, J.) 4th Cir. Holding: At defendant’s trial for seriously wounding a motel desk clerk and fatally shooting another ...

Tagged with: armed robbery

State v. Evans When a defendant is charged with felony murder, self-defense is available only to the extent that it relates to the underlying felonies. Since self-defense is not available as a defense to attempted armed robbery, defendant was not entitled to a jury instruction on self-defense as it related to the charge of felony murder based on the attempted armed robberies.

Tagged with: armed robbery

State v. Mason When a police officer testified about the victim’s statements at the scene of the crime, the trial court instructed the jury that the testimony was being admitted for corroborative purposes only. Since the testimony was not admitted to prove the truth of the matters asserted, defendant’s constitutional right to confront the witnesses against him was not implicated.

Tagged with: armed robbery Constitutional Criminal Practice evidence

State v. Williamson Since defendant presented no evidence at trial to rebut the presumption that the firearm used in the robbery was functioning properly, he was not entitled to either an instruction on common law robbery or dismissal of the two counts of robbery with a dangerous weapon.

Tagged with: appeals armed robbery Criminal Practice MAR

State v. Brown Where the arresting officer did not have any information regarding in what direction armed robbery suspects fled the scene of the robbery, and where the officer had no description of a getaway vehicle, the officer did not have a reasonable suspicion that justified pulling over defendant’s car near the scene of the crime four hours after the robbery.

Tagged with: armed robbery Criminal Practice dwi search & seizure traffic stop

State v. Rivera Even though a police corporal testified that a stun gun is “less than lethal,” given the serious nature of the injury suffered by the victim, the question of whether the stun gun was a dangerous weapon that threatened or endangered the victim’s life was properly placed before the jury. We find no error in defendant’s conviction of robbery with a dangerous weapon.

Tagged with: armed robbery Criminal Practice