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Tag Archives: circumstantial evidence

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

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 red Ford, including one particle on defendant’s pants.

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Criminal Practice – Murder – Circumstantial Evidence – Motive & Opportunity (access required)

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.

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Criminal Practice – Murder – Motive – Circumstantial Evidence – Estranged Husband – Appeals – Evenly Divided Court (access required)

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 victim’s blood could only have gotten on defendant’s shoe at the time of her murder, we let the Court of Appeals’ decision stand without precedential value.

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Criminal Practice – Obtaining Property by False Pretense – Circumstantial Evidence – Use of Stolen Credit Card (access required)

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 under N.C. R. Evid. 404(b) showing that defendant was involved in a similar crime.

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

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 full text of the opinion. Holding: The state presented evidence ...

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