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Tag Archives: Effective Assistance of Counsel

Criminal Practice – Search & Seizure – Search Incident to Arrest – Constitutional – Effective Assistance of Counsel (access required)

State v. Jones Where, despite struggling with and even trying to hit the arresting officer, defendant refused to remove his hand from his jacket pocket, this behavior led the officer to believe defendant might be armed. After defendant was arrested, the officer walked about 10 feet, retrieved the jacket from the ground, searched it and retrieved a bag of crack cocaine. Defense counsel’s failure to move to suppress the crack was not prejudicial because the search of the jacket was a lawful search incident to defendant’s arrest.

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Criminal Practice – Constitutional – Effective Assistance of Counsel – Concession of Guilt – Lesser Included Offense – Client’s Consent (access required)

State v. Holder The colloquy among the trial court, defense counsel, and defendant shows that defense counsel explained to the trial court in defendant’s presence that defendant had consented to permitting his counsel to concede to the jury that he was guilty of “something other than felony fleeing ... to elude arrest.”

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Criminal Practice – Murder – Confession — Miranda Waiver – Constitutional – Effective Assistance of Counsel (access required)

State v. Phillips Even though a capital defender learned that defendant had been arrested for murder and tried to get in to see defendant, since defendant waived his Miranda rights and talked to law enforcement officers without asking for a lawyer, law enforcement officers were not required to allow the attorney to see defendant. We find no error in defendant’s convictions of four counts of first-degree murder, first-degree kidnapping, attempted first-degree murder, assault with a deadly weapon with intent to kill inflicting serious injury, robbery with a firearm, and arson. We also find no error in the sentence of death.

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Criminal Practice – DWI – Effective Assistance – Evidence – HGN Test – Search & Seizure – Traffic Stop – Reasonable Suspicion (access required)

State v. Brown. Even though defendant's trial counsel failed to object to the admission of a horizontal gaze nystagmus (HGN) test, N.C. R. Evid. 702(a1)(1) permits expert testimony on the results of an HGN test on the issue of impairment.

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Criminal Practice – Sexual Offense – Child Victim – Expert Witness – Effective Assistance of Counsel (access required)

State v. Livengood. (Lawyers Weekly No. 10-07-0875, 8 pp.) (Sanford L. Steelman Jr., J.) Appealed from Rowan County Superior Court. (Richard L. Doughton, J.) N.C. App. Holding: On cross-examination, the state’s expert said the physical findings from the victim’s exam ...

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