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Criminal Practice – Constitutional – Confrontation Right – Absence from Trial – Evidence of Hospitalization – Assault – Restitution – Character Evidence
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 th[...]
Criminal Practice – Constitutional – Confrontation Right – Absence from Trial – Evidence of Hospitalization – Assault – Restitution – Character Evidence
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 th[...]
Criminal Practice – Constitutional – Confrontation Right – 1999 Incident – Victim’s Interview – Unavailable Witness – Prejudice
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.
Criminal Practice – Cocaine Possession – Constitutional – Confrontation Right – Expert’s Report
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. § 90-9[...]
Criminal Practice – Maintaining a Dwelling – Possession and/or Sale – Jury Instructions – Marijuana Trafficking – Constitutional – Confrontation Right – Expert Witness – Sentencing – Mitigating Factors
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 was charged with maintaining a dwelling for keeping and selling a controlled substance, the trial […]
Criminal Practice – Constitutional – Confrontation Right – Drug Testing & Quantity – Objection to Lawyer’s Stipulation
U.S. v. Williams. (Lawyers Weekly No. 11-01-0106, 34 pp.) (Gregory, J.) No. 09-4049, Jan. 21, 2011; USDC at Spartanburg, S.C. (Herlong, J.) 4th Cir. Click here for the full text of the opinion. Holding: Admission of a defense lawyer’s stipulation to drug testing and heroin quantity, that defendant refused to sign, violated defendant’s Sixth Amendment […]
Criminal Practice – Cocaine Possession – Constitutional – Confrontation Right – Expert’s Report – No Testimony
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 identified the substance seized from defendant as cocaine did not testify, defendant was denied his […]
Criminal Practice – Cocaine Possession – Constitutional – Confrontation Right – State’s Chemist
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 witness reviewed the work of chemist DeeAnne Johnson who tested the material seized from defendant, […]
Criminal Practice – Sentencing – Aggravating Factors – Expert Testimony – Non-Testifying Experts’ Test Results – Constitutional – Confrontation Right – First Impression
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 to determine whether defendant’s second-degree murder was especially heinous, atrocious or cruel, the state’s blood […]
Criminal Practice – Constitutional – Confrontation Right – Expert Witness – SBI Analyst – Harmless
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 DNA testing performed by a different SBI agent who left the agency before the trial, […]
Criminal Practice – Constitutional – Confrontation Right – Expert Chemist – Others’ Reports – Cocaine – Maintaining a Vehicle – Lay Testimony – Sentencing
State v. Craven. (Lawyers Weekly No. 10-07-0679, 17 pp.) (Wanda G. Bryant, J.) Appealed from Chatham County Superior Court. (Kenneth Titus, J.) N.C. App. Holding: Where the state’s expert chemist only reviewed the reports of other chemists with regard to two of the three cocaine buys at issue, defendant’s constitutional right to confront the witnesses […]
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