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Tag Archives: Assault

Criminal Practice – Subject Matter Jurisdiction – Indictment – Possession of a Firearm by a Felon – Habitual Felon Conviction (access required)

State v. Wilkins Since the charges of assault with a deadly weapon and possession of a firearm by a felon both arose out of defendant’s use of a firearm during a robbery, the assault charge is directly related to the possession charge. Because both charges were alleged in the same indictment, and because G.S. § 14-415.1(c) mandates that a charge of possession of a firearm by a felon be brought in a separate indictment from charges related to it, the indictment charging defendant with possession of a firearm is fatally defective and thus invalid.

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Criminal Practice – Assault with a Deadly Weapon with Intent to Kill Inflicting Serious Injury – First Impression – Lesser Included Offense – Simple Assault – Serious Injury Element – Jury Instructions – Self-Defense – Constitutional – Attorneys – Ineffective Assistance Claim (access required)

State v. Hope Even though it was up to the jury to decide whether the pipe defendant used in the assault was actually a deadly weapon, since the state presented uncontroverted evidence of serious injury, defendant was not entitled to a jury instruction on simple assault.

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Criminal Practice – Constitutional – Confrontation Right – Absence from Trial – Evidence of Hospitalization – Assault – Restitution – Character Evidence (access required)

State v. Anderson When defendant didn’t show up for the second day of his trial, he had the burden of explaining his absence. He attempted to explain his absence by offering the following evidence: (1) a phone call from Stacie Wilson, a person who failed to provide any information as to who she was or what hospital defendant was in and (2) a note from Presbyterian Hospital indicating that defendant had been treated there at some point, but which lacked any indication of the date or time of treatment. This evidence was insufficient to satisfy defendant’s burden to explain his absence. Accordingly, defendant waived his right to confrontation.

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Criminal Practice – Constitutional – Confrontation Right – Absence from Trial – Evidence of Hospitalization – Assault – Restitution – Character Evidence (access required)

State v. Anderson When defendant didn’t show up for the second day of his trial, he had the burden of explaining his absence. He attempted to explain his absence by offering the following evidence: (1) a phone call from Stacie Wilson, a person who failed to provide any information as to who she was or what hospital defendant was in and (2) a note from Presbyterian Hospital indicating that defendant had been treated there at some point, but which lacked any indication of the date or time of treatment. This evidence was insufficient to satisfy defendant’s burden to explain his absence. Accordingly, defendant waived his right to confrontation.

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Contract – Breach – Evidence – Assault — Remodeling Work – Failure to Pay – Punch List (access required)

Allen Design Associates, Inc. v. Combs The defendant-homeowner failed to try to introduce evidence that the reason she refused to let the plaintiff-contractor back into her home was that she had learned that he had been arrested for assault on a female. Even if she had preserved this issue for appeal, the homeowner failed to show that such evidence was relevant; she didn’t show that she learned of the arrest before she decided not to let the contractor return.

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