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.”

Tagged with: assistance of counsel Constitutional Criminal Practice sentencing

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.

Tagged with: assistance of counsel Cocaine Possession Criminal Practice Indictment

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.

Tagged with: assistance of counsel Constitutional Criminal Practice

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 ...

Tagged with: assistance of counsel Constitutional Criminal Practice Speeding to Elude Arrest Wake County

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 ...

Tagged with: assistance of counsel Criminal Practice Effective Assistance of Counsel expert witnesses ineffective assistance Rowan County Sexual Offense

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 ...

Tagged with: assistance of counsel closing argument Constitutional Criminal Practice