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Tag Archives: confrontation right

Criminal Practice – Constitutional – Confrontation Right – Absence from Trial – Evidence of Hospitalization – Assault – Restitution – Character Evidence (access required)

State v. Anderson When defendant didn’t show up for the second day of his trial, he had the burden of explaining his absence. He attempted to explain his absence by offering the following evidence: (1) a phone call from Stacie Wilson, a person who failed to provide any information as to who she was or what hospital defendant was in and (2) a note from Presbyterian Hospital indicating that defendant had been treated there at some point, but which lacked any indication of the date or time of treatment. This evidence was insufficient to satisfy defendant’s burden to explain his absence. Accordingly, defendant waived his right to confrontation.

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Criminal Practice – Constitutional – Confrontation Right – Absence from Trial – Evidence of Hospitalization – Assault – Restitution – Character Evidence (access required)

State v. Anderson When defendant didn’t show up for the second day of his trial, he had the burden of explaining his absence. He attempted to explain his absence by offering the following evidence: (1) a phone call from Stacie Wilson, a person who failed to provide any information as to who she was or what hospital defendant was in and (2) a note from Presbyterian Hospital indicating that defendant had been treated there at some point, but which lacked any indication of the date or time of treatment. This evidence was insufficient to satisfy defendant’s burden to explain his absence. Accordingly, defendant waived his right to confrontation.

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Criminal Practice – Constitutional – Confrontation Right – 1999 Incident – Victim’s Interview – Unavailable Witness – Prejudice (access required)

State v. Glenn A police officer interviewed the victim of an alleged 1999 assault in a safe place after the alleged assailant had released the victim and driven away. The now-deceased victim’s statements were testimonial, and their admission violated defendant’s right to confront the witnesses against him.

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Criminal Practice – Cocaine Possession – Constitutional – Confrontation Right – Expert’s Report (access required)

State v. Jones Our Court of Appeals held, Where the state’s expert who identified the substance seized from defendant as cocaine did not testify, defendant was denied his constitutional right to confront the witnesses against him. However, it appears that appellate counsel was unaware of the existence of (1) the crime lab report showing a substance to be cocaine and (2) the G.S. § 90-95 notice provided to defendant’s trial counsel by the D.A.’s office indicating an intent to introduce the report into evidence.

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Criminal Practice – Maintaining a Dwelling – Possession and/or Sale – Jury Instructions – Marijuana Trafficking – Constitutional – Confrontation Right – Expert Witness – Sentencing – Mitigating Factors (access required)

State v. Garnett. (Lawyers Weekly No. 11-07-0153, 20 pp.) (Robert N. Hunter Jr., J.) Appealed from Buncombe County Superior Court. (Zoro J. Guice Jr., J.) N.C. App. Click here for the full text of the opinion. Holding: Even though defendant ...

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Criminal Practice – Cocaine Possession – Constitutional – Confrontation Right – Expert’s Report – No Testimony (access required)

State v. Jones. (Lawyers Weekly No. 10-07-1235, 7 pp.) (John C. Martin, Ch.J.) Appealed from Mecklenburg County Superior Court. (Eric L. Levinson, J.) N.C. App. Click here for the full text of the opinion. Holding: Where the state’s expert who ...

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Criminal Practice – Cocaine Possession – Constitutional – Confrontation Right – State’s Chemist (access required)

State v. Williams. (Lawyers Weekly No. 10-07-1178, 11 pp.) (John C. Martin, Ch.J.) Appealed from Mecklenburg County Superior Court. (Calvin E. Murphy, J.) N.C. App. Click here for the full text of the opinion. Holding: Even though the state’s expert ...

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Criminal Practice – Sentencing – Aggravating Factors – Expert Testimony – Non-Testifying Experts’ Test Results – Constitutional – Confrontation Right – First Impression (access required)

State v. Hurt. (Lawyers Weekly No. 10-07-1098, 41 pp.) (Cheri Beasley, J.) Appealed from Caldwell County Superior Court. (Thomas D. Haigwood, J.) N.C. App. Click here for the full text of the opinion. Holding: Where, during a sentencing hearing held ...

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Criminal Practice – Constitutional – Confrontation Right – Expert Witness – SBI Analyst – Harmless (access required)

State v. Grady. (Lawyers Weekly No. 10-07-0803, 10 pp.) (Martha A. Geer, J.) Appealed from New Hanover County Superior Court. (Jerry Cash Martin, J.) N.C. App. Holding: Even assuming it was error to allow an SBI analyst to testify about ...

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