Please ensure Javascript is enabled for purposes of website accessibility

circumstantial evidence

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 full text of the opinion. Holding: The state presented evidence that (1) defendant was jealous of the victim’s relationship with Brittany Jones and made numerous […]

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 there was no direct evidence that defendant committed the armed robbery, since a masked suspect sped away in defendant’s car and eluded police after wrecking […]

Jul 25, 2010

Criminal Practice – Murder – Motive – Circumstantial Evidence – DNA – Estranged Husband

State v. Pasteur. (Lawyers Weekly No. 10-07-0688, 18 pp.) (John C. Martin, Ch.J.) Appealed from Franklin County Superior Court. (Henry W. Hight Jr., J.) N.C. App. 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 […]

Top Legal News

See All Top Legal News

Commentary

See All Commentary