State v. Messer (Lawyers Weekly No. 011-309-17, 25 pp.) (Robert Hunter Jr., J.) Appealed from Johnston County Superior Court (Thomas Lock, J.) N.C. App. Holding: Even though one element of the armed robbery charge was supported only by defendant’s ...Read More »
Criminal Practice — Corpus Delicti – Evidence of Armed Robbery – Conspiracy – Sentencing – Error Correction
State v. Ballard (Lawyers Weekly No. 15-07-1135, 9 pp.) (Richard Dietz, J.) Appealed from Martin County Superior Court (Walter Godwin Jr., J.) N.C. App. Holding: There was no question that the attempted armed robbery of a convenience store occurred. Defendant’s ...
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State v. Foye The corpus delicti rule did not require the trial court to grant defendant’s motion to dismiss. There was evidence to corroborate defendant’s out-of-court confession to driving drunk: the wrecked vehicle was registered to defendant; defendant was found walking on a road near the accident scene; defendant had injuries consistent with someone who had been in a wreck; and a blood test showed that defendant was impaired. Furthermore, defendant had a cut on his cheek consistent with blood found on the wrecked car’s steering wheel; additionally, there was blood between the driver’s and passenger seat, as well as on the back of the passenger seat, consistent with defendant having to crawl out the passenger door because the driver’s side door was stuck closed.Read More »
State v. Sweat Defendant confessed to police that the child victim performed fellatio on him. Although the victim did not testify to fellatio during defendant’s trial, her testimony, along with defendant’s extrajudicial confession and the testimony of witnesses to whom the victim described fellatio, satisfied the requirements of the corpus delicti rule.Read More »
State v. Blue. (Lawyers Weekly No. 10-07-0957, 22 pp.) (John C. Martin, Ch.J.) Appealed from Robeson County Superior Court (Ola M. Lewis, J.) N.C. App. Click here for the full text of the opinion. Holding: When a defendant has considered ...Read More »