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assistance of counsel

Aug 23, 2012

Criminal Practice – Constitutional – Assistance of Counsel – Pro Se Defendant – Inadequate Inquiry – Sentencing

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.”

Jun 7, 2012

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

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 an[...]

Mar 8, 2012

Criminal Practice – Constitutional – Assistance of Counsel – Counsel of Choice – Personal Friend – Potential Witness

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.

Feb 25, 2011

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

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 fail to move for dismissal, defendant was not prejudiced since the state showed that he […]

Sep 10, 2010

Criminal Practice – Sexual Offense – Child Victim – Expert Witness – Effective Assistance of Counsel

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 could be consistent with rape or with no rape. On re-cross-examination, defense counsel tried to […]

Jul 25, 2010

Criminal Practice – Constitutional – Assistance of Counsel – Closing Argument – Concession of Guilt

State v. Mills. (Lawyers Weekly No. 10-07-0685, 17 pp.) (Robert N. Hunter Jr., J.) (Sam Ervin IV, J., concurring) Appealed from Nash County Superior Court. (Quentin T. Sumner, J.) N.C. App. Holding: During summation, defense counsel said that “a murder occurred out at the Castalia ball field.” Defendant had admitted to shooting the victim but […]

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