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Tag Archives: Criminal Practice

Criminal Practice – Appeals – Oral Rendition of Order – Subsequent Entry – Written Appeal Notice (access required)

State v. Oates In a criminal case, when a trial court orally renders an order or judgment in open court, a party may give oral notice of appeal in open court or the party may file written notice of appeal at any time between (1) the court’s oral rendering of the order or judgment and (2) fourteen days after the court’s entry of the order or judgment into the record.

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Criminal Practice – Search & Seizure – Schoolchild – Strip Search – ‘Bra Lift’ – Additional Findings (access required)

In re T.A.S. Where our Court of Appeals held that the “bra lift” search of a student was unreasonable, that opinion is vacated. We remand to the trial court for additional findings including but not necessarily limited to the names, occupations, genders, and involvement of all the individuals physically present at the “bra lift” search of the student; whether the student was advised before the search of the school’s “no penalty” policy; and whether the “bra lift” search of the student qualified as a “more intrusive” search under the school’s Safe School Plan.

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Criminal Practice – Petition for Writ of Certiorari – Guilty Plea – Stolen Weapon & Drug Possession (access required)

State v. Rouson A traffic stop and subsequent search did not violate defendant’s rights under the Fourth Amendment. The trial court found that the vehicle held five men, and the backseat passengers (including defendant) failed to follow the officers’ instructions to keep their hands on the back of the front seat where the officers could see them. When defendant got out of the vehicle as requested, an officer told him he would be patted down for weapons, and defendant admitted he had a gun. The officer removed a pistol from defendant’s waistband, conducted a search incident to arrest, and found cocaine in defendant’s pocket.

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Criminal Practice – Subject Matter Jurisdiction – Indictment – Sex Offender Registration – Registration Requirement (access required)

State v. Barnett The indictment against defendant describes an offense applicable only to registered sex offenders but fails to allege facts indicating that defendant is “a person required to register.” The general reference to defendant’s violation of G.S. § 14-208.9, which consists of multiple subsections and describes multiple offenses in addition to the offense for which defendant was charged, is insufficient to cure this defect. The indictment failed to allege all the essential elements of the offense, rendering the indictment facially defective and depriving the trial court of jurisdiction to adjudicate the charge.

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Criminal Practice – Weapon Possession – Actual or Constructive — Jury Instructions – Plain Error (access required)

State v. Perry Where (1) the evidence only supported a theory that defendant actually possessed a pistol, (2) the state told the jury that this case only involved constructive possession, and (3) the trial court charged the jury on both actual and constructive possession, the trial court’s failure to answer the jury’s subsequent questions about possession resulted in plain error.

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Criminal Practice – Sex Offender – Civil Commitment — Reconsideration (access required)

U.S. v. Wooden The record does not support a district court’s rejection of civil commitment for a sex offender, and the 4th Circuit orders reconsideration; the offender has a long history of acting on his pedophilic urges, has been convicted or adjudicated delinquent five times, has admitted he offended many more times than he was caught and has been resistant to treatment.

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