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Tag Archives: fifth amendment

Criminal Practice – Larceny of a Dog – Evidence – Present Recollection Refreshed – Reading of Statement – Sent to Jury Room – Constitutional – Fifth Amendment (access required)

State v. Harrison Witness Kristyn Stanco testified that her past recorded statement refreshed her memory; nevertheless, she was allowed to read that statement to the jury. Even if this was error, it was not plain error. Stanco testified independently about the contents of the statement, and the jury heard nothing from her reading of the statement that it did not hear from her. In addition, defendant had the opportunity both to cross-examine Stanco about the statement and to testify himself when he took the stand.

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Defendant couldn’t take the Fifth and argue contributory negligence (access required)

It's one thing for a client to exercise Fifth Amendment rights in a criminal case. In a civil case, it's another thing altogether. An opinion from the N.C. Court of Appeals last week reiterated in no uncertain terms that a party in a civil case can refuse to answer questions from opposing counsel during discovery, but not without consequences. The issue is relatively rare in civil cases. "But you do encounter it from time to time," said David W. McDonald, one of the plaintiff's lawyers in the case. "I'm surprised it's not used more often in personal-injury cases."

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Tort/Negligence – Fifth Amendment – Civil Action – Discovery – Contributory Negligence (access required)

Lovendahl v. Wicker. A defendant in a civil case can assert his Fifth Amendment rights and refuse to answer questions in a deposition, but not without consequence to his civil case. Where defendant refused to answer questions at his deposition . . .

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