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Tag Archives: Buncombe County

Criminal Practice – Search & Seizure – Constructive Possession – Suspected Contraband – Motel Room (access required)

State v. Biber. (Lawyers Weekly No. 10-07-0872, 21 pp.) (Linda M. McGee, J.) (Sanford L. Steelman Jr., J., dissenting) Appealed from Buncombe County Superior Court. (Zoro J. Guice Jr., J.) N.C.App. Holding: Where the trial court found that defendant did ...

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Tort/Negligence – Wrongful Death – Contributory Negligence – Sledding Downhill Backwards – Above-Grade Manhole Cover (access required)

Waddell v. Metropolitan Sewerage District of Buncombe County. After a three-inch snowfall, a manhole cover - which stuck up a foot and a half above the ground on the uphill side - was plainly visible when plaintiffs' decedent decided to sled down the hill on an inner tube which she knew she could not steer. The decedent sledded backwards into the manhole cover and died from her injuries. The decedent was contributorily negligent. Summary judgment for defendants is affirmed.

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Criminal Practice – Evidence – Expert Testimony – Child Sexual Abuse – Physical Evidence (access required)

State v. Chandler. Contrary to the superior court's ruling, there has been no significant change in the law regarding admissibility of expert testimony in child sexual abuse cases since the time of defendant's trial and appeal. Defendant is not entitled to the relief he sought pursuant to the retroactivity rule of G.S. § 15A-1415(b)(7). Reversed.

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Criminal Practice – Sexual Exploitation of a Minor – Photos – Insufficient Showing (access required)

State v. Ligon. Photos of a 5-year-old girl pulling aside the hem of her shorts do not meet the statutory definition of "sexual activity"; the state failed to show defendant committed first-degree sexual exploitation of a minor. We reverse that conviction but uphold defendant's conviction of taking indecent liberties with a minor.

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Criminal Practice – Sentencing – Guilty Plea – Aggravating & Mitigating Factors – Evidence – Restitution (access required)

State v. Davis. (Lawyers Weekly No. 10-07-0802, 11 pp.) (Robert N. Hunter Jr., J.) Appealed from Buncombe County Superior Court. (Alan Z. Thornburg, J.) N.C. App. Holding: Even though defendant asked that the trial court find factors in mitigation, she ...

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Criminal Practice – Search & Seizure – Traffic Stop – Weapons Pat-Down – First Impression – Pill Bottle – Meth (access required)

State v. King. (Lawyers Weekly No. 10-07-0806, 9 pp.) (Cheri Beasley, J.) Appealed from Buncombe County Superior Court. (Richard L. Doughton, J.) N.C. App. Holding: After being pulled over by a police officer, as the officer was approaching defendant’s vehicle, ...

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