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Tag Archives: assistance of counsel

Criminal Practice – Constitutional – Assistance of Counsel – Pro Se Defendant – Inadequate Inquiry – Sentencing (access required)

State v. Frederick Before defendant represented himself in a hearing on his motion to suppress evidence, as to possible sentences, the trial judge only warned defendant that he could go to prison for “a long, long time” and that a conviction would result in “a mandatory active prison sentence.”

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Criminal Practice – Mistrial Motion – Witnesses in Jury Assembly Room — Cocaine Possession – Indictment – Assistance of Counsel (access required)

State v. Glenn Three police officers, who were witnesses in defendant’s trial, walked through the jury assembly room (which they mistakenly believed was still the grand jury room) on their way to court on the second day of defendant’s trial. Although two of the jurors on defendant’s case were in the assembly room, the officers had no contact – not even eye contact – with them and quickly exited the room. The record shows no actual injury by the officers’ contact with the jurors, so the trial court did not abuse its discretion in denying defendant’s motion for a mistrial.

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Criminal Practice – Constitutional – Assistance of Counsel – Counsel of Choice – Personal Friend – Potential Witness (access required)

State v. Rogers Where defense counsel was defendant’s best friend, knew about defendant’s affair with the victim’s wife, and had communicated with the victim’s wife, there was a serious possibility that counsel might be called as a witness; therefore, the trial court did not err by disqualifying counsel.

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Criminal Practice – Constitutional – Assistance of Counsel – Speeding to Elude Arrest – Motions to Dismiss – Lesser Included Offenses (access required)

State v. Daniels. (Lawyers Weekly No. 11-016-0189, 9 pp.) (Linda Stephens, J.) Appealed from Wake County Superior Court. (R. Allen Baddour, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: Even if defense counsel did ...

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Criminal Practice – Sexual Offense – Child Victim – Expert Witness – Effective Assistance of Counsel (access required)

State v. Livengood. (Lawyers Weekly No. 10-07-0875, 8 pp.) (Sanford L. Steelman Jr., J.) Appealed from Rowan County Superior Court. (Richard L. Doughton, J.) N.C. App. Holding: On cross-examination, the state’s expert said the physical findings from the victim’s exam ...

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