Tag Archives: Felony

“F” – as in felony – is the new Scarlet Letter (access required)

F as in Felony

Is a convicted felon ever a proper person to hold a position within a profession or regulated industry? In one news report, it was questioned whether a convicted felon was a suitable person to transport human remains. More recently, the State Bar chose to continue the suspension of former Gov. Mike Easley rather than to apply the harsher penalty of revoking his law license. In each case, the party had previously pled guilty to one or more felonies.

Read More »

Criminal Practice – Felonious Serious Injury by Motor Vehicle – DWI – Proximate Cause — Speeding to Elude Arrest – Felony – Reckless Driving (access required)

State v. Leonard Although defendant argues that it was his attempt to elude arrest, rather than his drunk driving, that led to the victim’s serious injury, there can be more than one proximate cause of an injury. There was sufficient evidence from which a jury could reasonably find that defendant’s drunk driving was a proximate cause of the victim’s injury: defendant was consuming alcohol on the evening of Jan. 16, 2009; he got into an altercation with his girlfriend and her family, got into his vehicle, drove it into his girlfriend’s car, refused to pull over for the police, drove the car faster than the speed limit, proceeded through a red traffic light, and collided with the victim’s vehicle; officers who responded to the incident said defendant had a strong odor of alcohol and appeared impaired; and defendant stipulated to a blood alcohol concentration of .10. We find no error in defendant’s convictions of felonious serious injury by motor vehicle, felonious operation of a motor vehicle to elude arrest, and misdemeanor hit and run.

Read More »

Criminal Practice – Speeding to Elude Arrest – Felony – Aggravating Factors – Recklessness – Weaving Through Traffic – Double Yellow Line (access required)

State v. Jackson Even though Trooper Robertson lost sight of defendant on Hicone Road, the trooper's testimony showed that defendant was speeding recklessly: the trooper testified that Hicone Road is a two-lane road divided by a solid double yellow line and that, based on the amount of traffic on Hicone Road at the time he was pursuing defendant, defendant would have had "to go around that traffic to get down through there...."

Read More »

Criminal Practice – Effect of Felony Conviction in Closing Arguments – Weapon on Educational Property – Hearsay (access required)

  State v. Minton. (Lawyers Weekly No. 10-16-0830, 14 pp.) (Cheri Beasley, J.) (Barbara Jackson, J., concurring in the result only) Appealed from Orange County Superior Court. (Paul C. Ridgeway, J.) N.C. App. Unpub. Holding: Defendant has waived any challenge ...

Read More »