With no objection from defendant, the trial court admitted portions of a recorded jailhouse telephone conversation between defendant and his grandmother which tended to show that defendant possessed knowledge of the crime that only the shooter would know. The trial ...

Tagged with: evidence

We affirm our Court of Appeals’ unpublished decision to uphold the trial court’s denial defendant’s pro se “Motion to Locate and Preserve Evidences [sic] and Motion for Post-Conviction DNA Testing.” State v. Sayre (Lawyers Weekly No. 010-077-18, 1 p.) (Per ...

Tagged with: evidence

After his arrest, defendant told police where he had left his six-year-old victim chained to a tree, told them how to unlock the chains, said he was sorry and that he hoped she was okay, and said he had planned ...

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Where defendant testified that she would not intentionally spit on a police officer because “it’s just disrespectful,” the trial court did not err in allowing the state to rebut this assertion and to show defendant’s animus towards the police on ...

Tagged with: evidence

In three wrongful death suits in which the jury found liability and awarded punitive damages, the district court erred in finding that the plaintiffs failed to show an “aggravating factor” under North Carolina law that would support punitives. Extensive trial ...

Tagged with: evidence

Defendant was accused of interrupting a criminal trial by shaking his head at a witness and making a gun with his fingers while mouthing unintelligible words at the witness, to the point where the witness started telling defendant to stop. ...

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A nurse testified that the erythema, or redness, she found in the inner aspect of the victim’s labia was consistent with touching but that it could also be consistent with “a multitude of things.” We fail to see how this ...

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We reverse for the reasons stated in Chief Judge McGee’s dissent (Defendant’s evidence regarding the events immediately before the victim drowned was contradictory to the state’s evidence on the same point; therefore, it should not be considered in ruling on ...

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Without providing notice of an insanity or diminished capacity defense, defendant – himself – sought to testify about his Attention Deficit Disorder, Attention Deficit Hyperactivity Disorder, Pediatric Bipolar Disorder, and Oppositional Defiant Disorder. The trial court properly found that such ...

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Where defendant’s challenge to the process used by state expert chemist Lillian Ngong is based on documents, data and theories that were neither presented to the trial court nor included in the record on appeal, we may not consider this ...

Tagged with: evidence