The trial court’s unchallenged findings of fact show that (1) a victim reported a home invasion in which a distinctive red and black suitcase was stolen from his home; (2) a neighbor provided eyewitness testimony that he saw an older-model, ...

Tagged with: Criminal Practice

Bullets were fired into the victim’s house, seriously wounding her. The victim’s surveillance video was introduced into evidence, and the trial court allowed three police officers to identify defendant in the video. Where (1) the officers testified that they had ...

Tagged with: Criminal Practice

In his closing argument, defense counsel made several references to defendant having been “caught in the act.” Such statements required defendant’s consent under State v. Harbison, 315 N.C. 175, 337 S.E.2d 504 (1985). The record does not indicate that defense ...

Tagged with: Criminal Practice

Even though defendant’s girlfriend, “Patty,” did not know about defendant’s kill list and so did know the identity of defendant’s intended targets, since defendant asked Patty if she wanted to be the Harley to his Joker (defendant: “You know how ...

Tagged with: Criminal Practice

When defendant was jailed in 2018, his then-counsel requested, and the trial court ordered, a competency evaluation. However, the evaluation did not occur. Defendant was released on bail, hired new counsel and was tried in 2021 without raising the competency ...

Tagged with: Criminal Practice

The fact that a drug dog failed to alert on defendant’s car did not require law enforcement officers or the trial court to ignore all the other circumstances giving rise to the officers’ probable cause to search defendant’s car. We ...

Tagged with: Criminal Practice

Because of his prior South Carolina convictions, defendant was sentenced as a career offender. One of those convictions was under a South Carolina statute that encompasses both simple possession and more serious drug offenses; nevertheless, defendant’s sentencing sheet shows that ...

Tagged with: Criminal Practice

Where defendant told two lies during a single interview with the FBI, defendant was only guilty of one count of lying to the FBI in violation of 18 U.S.C. § 1001(a)(2). We vacate one of the two convictions under § ...

Tagged with: Criminal Practice

Even though defendant’s 1998 conviction for felony murder appears to be a lesser-included offense of the current charge of felony murder – brought when the victim succumbed to his injuries after years of constant medical care – since the state ...

Tagged with: Criminal Practice

The indictments charging defendant with rape and statutory sexual offense identify the victim by the victim’s date of birth and initials. These indictments are facially valid. They provided defendant with ample notice to prepare a defense, as well as adequately ...

Tagged with: Criminal Practice