circumstantial evidence

Apr 3, 2026

Circumstantial evidence supports robbery conviction after violent assault

The North Carolina Supreme Court held that circumstantial evidence, including a violent assault, the victim’s immediate loss of property, and evidence of a prior similar act, was sufficient […]

Jun 4, 2025

Criminal Practice – Indirect Criminal Contempt – Circumstantial Evidence

The trial court properly denied Defendant‘s motion to dismiss for insufficient evidence and had jurisdiction to enter the Order. Ultimate finding 31 is supported and the criminal contempt adjudication was […]

Mar 12, 2025

4th Circuit: Court correctly applied sentence enhancement

Where the record supported the conclusion that the defendant controlled the activities of other participants or exercised management responsibility in a conspiracy involving large quantities of methamphetamine in various forms, […]

Dec 20, 2024

Circumstantial evidence can be key in malpractice cases

By Mark McGrath As we covered in our previous commentary addressing surgical malpractice cases, North Carolina courts have historically been reluctant to apply res ipsa loquitor in these cases. As […]

Sep 26, 2024

Res ipsa loquitor offers basis for many malpractice cases

By Mark McGrath Patients who wake from surgery with unanticipated and unexplained injuries confront several challenges when they bring malpractice suits. Because patients are typically anesthetized during their procedures, and […]

Jun 7, 2013

Criminal Practice Second-Degree Murder – Acting in Concert — Sentencing – Aggravating Factor – Uncharged Conspiracy

State v. Facyson The state’s evidence showed that defendant and others borrowed a red Ford, shot the victim from the Ford, and tried to clean up the Ford afterwards. Furthermore, a bullet casing consistent with the bullets found at the scene of the murder was found on the red Ford, and particles consistent with gunshot residue were found on all four of the individuals arrested at the r[...]

Sep 6, 2012

Criminal Practice – Improper Storage of a Firearm – Involuntary Manslaughter – Circumstantial Evidence

State v. Lewis Defendant’s wife testified that defendant was “responsible for storing” his Glock handgun and was the last person seen with the handgun before their three-year-old son shot himself with it.

Aug 22, 2012

Criminal Practice – Murder – Circumstantial Evidence – Motive & Opportunity

State v. Miles Even though the state presented no direct evidence that defendant killed the victim, the state presented sufficient circumstantial evidence. The state proved motive in the form of a $40,000 debt and opportunity via cell phone records and testimony as to defendant’s threats and his possession of a gun like the one that killed the victim.

Oct 11, 2011

Criminal Practice – Murder – Motive – Circumstantial Evidence – Estranged Husband – Appeals – Evenly Divided Court

State v. Pastuer Where our Court of Appeals reversed defendant’s first-degree murder conviction, holding Even though the state proved defendant had a motive for killing his estranged wife, and even though the victim’s blood was found on one of defendant’s shoes, defendant and the victim had lived together until a few months before her murder, and the state failed to show that the vi[...]

Jul 21, 2011

Criminal Practice – Obtaining Property by False Pretense – Circumstantial Evidence – Use of Stolen Credit Card

State v. Griffin The state presented sufficient circumstantial evidence that defendant obtained property by false pretense: a surveillance video showed defendant taking a purse containing Kathryn Beckham’s credit card at 9:06 a.m.; that credit card was used at 9:30 a.m. to buy a laptop computer at a Wal-Mart only 3.4 miles from the scene of the theft; and the state presented evidence un[...]

Mar 2, 2011

Criminal Practice – Murder – Circumstantial Evidence – Witness’ Prior Statement – Hearsay – Subsequent Acts – Motion to Continue – Expert Evaulation

State v. Banks. (Lawyers Weekly No. 11-07-0218, 36 pp.) (Sanford L. Steelman Jr., J.) Appealed from Buncombe County Superior Court. (Mark E. Powell, J.) N.C. App. Click here for the […]

Sep 10, 2010

Criminal Practice – Armed Robbery – Circumstantial Evidence – Flight – Gun’s Operability

State v. Bettis. (Lawyers Weekly No. 10-07-0871, 13 pp.) (Donna S. Stroud, J.) Appealed from Wake County Superior Court. (Howard E. Manning Jr., J.) N.C. App. Holding: Even though […]