Quantcast
Home (page 10)

Tag Archives: Constitutional

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.

Read More »

Criminal Practice – Armed Robbery – Evidence – Out-of-Court Statement – Corroboration – Constitutional (access required)

State v. Mason When a police officer testified about the victim’s statements at the scene of the crime, the trial court instructed the jury that the testimony was being admitted for corroborative purposes only. Since the testimony was not admitted to prove the truth of the matters asserted, defendant’s constitutional right to confront the witnesses against him was not implicated.

Read More »

Civil Rights – Discrimination – Public Utilities — Solid Waste Collection – Constitutional – Equal Protection Clause (access required)

Cedar Greene, LLC v. City of Charlotte The city’s policy of reimbursement for solid waste disposal for multi-family complexes – namely that it will reimburse solid waste disposal fees only for its single preferred collection company – is not discriminatory.

Read More »

Domestic Relations – Equitable Distribution — Pretrial Order – Set Aside Ex Mero Motu – Delay – Constitutional – Due Process (access required)

Plomaritis v. Plomaritis Eighteen months after an equitable distribution trial, and without prior notice to the parties, the trial court, on its own motion, set aside the pretrial order that contained the parties’ detailed stipulations as to marital and divisible property. The trial court abused its discretion.

Read More »

Tort/Negligence – Police Shooting Victim – Car Chase – Passenger – Public Official Immunity – Malice – Constructive Intent — Constitutional (access required)

Wilcox v. City of Asheville Since neither the public nor the three defendant-police officers were in danger from the slow-moving vehicle when the officers fired upon it, shooting and injuring the plaintiff-passenger, there is a genuine issue as to whether the officers acted with malice under the constructive intent doctrine.

Read More »

Tort/Negligence – Police Shooting Victim – Car Chase – Passenger – Public Official Immunity – Malice – Constructive Intent — Constitutional (access required)

Wilcox v. City of Asheville Since neither the public nor the three defendant-police officers were in danger from the slow-moving vehicle when the officers fired upon it, shooting and injuring the plaintiff-passenger, there is a genuine issue as to whether the officers acted with malice under the constructive intent doctrine.

Read More »

Civil Rights – Excessive Force Claim – Taser – Resisting Arrest Conviction – Second Encounter – Constitutional – Fourth Amendment (access required)

Boswell v. Bullock Even though plaintiff was convicted of resisting arrest, the judge could have based the conviction on plaintiff’s first encounter with Officer Bullock, when plaintiff ran away, rather than on the second encounter, when plaintiff was on his way to turn himself in and Bullock tased him. Therefore, the conviction does not bar plaintiff’s excessive force claim.

Read More »

Criminal Practice – Constitutional – Open Courts – Courtroom Closure – Rape Victim’s Testimony – Findings Required – Sentencing – Florida Burglary Conviction (access required)

State v. Rollins Since the trial court closed the courtroom during the testimony of the rape victim without making the findings required by Waller v. Georgia, 467 U.S. 39 (1984), we remand for a hearing on the Waller factors.

Read More »

Criminal Practice – Mistrial Motion – Attorneys – Potential Conflict of Interest – Constitutional – Double Jeopardy – Evidence – Opening the Door (access required)

State v. Hunt (Lawyers Weekly No. 12-07-0744, 36 pp.) (Linda Stephens, J.) (Donna S. Stroud, J., concurring in part & dissenting in part) Appealed from Randolph County Superior Court. (Edwin G. Wilson Jr., J.) On remand from the N.C. Supreme Court. N.C. App. Holding: As to defense counsel’s possible conflict of interest, the trial court held a voir dire of the potential witness’s therapist, discussed the latitude and limits of an attorney’s responsibility to prepare witnesses for trial, discussed the possible grounds for a mistrial with defense counsel extensively, and assured defense counsel that a mistrial would be declared if grounds arose as the trial proceeded. In light of the trial court’s consideration of defense counsel’s potential conflict of interest, we cannot say that the trial court abused its discretion when it denied defendant’s motion for a mistrial.

Read More »

Criminal Practice – Sexual Offenses – Constitutional – Ineffective Assistance Claim – Pro Se Defendant – In Camera Review – No Plain Error Analysis – Quashed Subpoena – Judges (access required)

State v. Brunson Where defendant filed multiple pro se motions, fired four different attorneys, and elected to represent himself at trial, defendant’s only true “counsel” was himself; accordingly, he cannot complain that the quality of his own defense amounted to a denial of effective assistance of counsel.

Read More »