State v. Goins (Lawyers Weekly No. 011-232-16, 29 pp.) (Linda McGee, C.J.) (John Tyson, J., dissenting) Appealed from Guilford County Superior Court (Richard Gottleib, J.) N.C. App. Holding: In an apartment complex known for drug trafficking, police officers saw ...

Tagged with: Flight search and seizure

  State v. Goins (Lawyers Weekly No. 010-064-17, 1 p.) (Per Curiam) Appealed from Guilford County Superior Court (Richard Gottleib, J.) On appeal from the Court of Appeals. N.C. S. Ct. Holding: For the reasons stated in Judge Tyson’s dissent ...

Tagged with: Flight search and seizure

State v. Broussard (Lawyers Weekly No. 15-07-0162, 17 pp.) (John Tyson, J.) Appealed from Cumberland County Superior Court (James Bell, J.) N.C. App. Holding: Even though there was conflicting evidence about who started the fight between defendant and the victim, ...

Tagged with: Flight Imperfect Self-Defense

State v. Royster (Lawyers Weekly No. 14-07-0984, 22 pp.) (Douglas McCullough, J.) Appealed from Mecklenburg County Superior Court (W. Robert Bell, J.) N.C. App. Holding: The trial court allowed the state to introduce evidence that a search of defendant’s home ...

Tagged with: Flight

State v. Davis Even though defendant was a Florida resident, the state showed that he had been living at his aunt’s house in Hendersonville before the shooting, but that after the shooting – which occurred at 2:30 a.m. – defendant did not return to his aunt’s house but returned to Florida instead. Defendant’s decision to leave the state and return to Florida at such an unusual hour is an action outside his likely normal pattern of behavior; as such, the trial court did not err in instructing the jury on flight.

Tagged with: Flight

State v. White Responding to a noise complaint, police officers saw defendant running away and arrested him for resisting a public officer. With no showing that it was the police that defendant was running away from or that he was involved in the source of the noise complaint or any other illegal activity, the state failed to show that the police had probable cause to arrest defendant. We reverse the trial court’s denial of defendant’s motion to suppress evidence that the police gathered as a result of his arrest.

Tagged with: Criminal Practice Flight Resisting Arrest search & seizure

State v. Joe Even though defendant was in an area known for illegal drug transactions, and even though he turned and walked away when he saw a police vehicle, this did not constitute resisting, delaying or obstructing a police officer. We affirm the trial court’s grant of defendant’s motion to dismiss.

Tagged with: Criminal Practice Flight search & seizure

State v. Capers. (Lawyers Weekly No. 10-07-1228, 21 pp.) (Martha A. Geer, J.) Appealed from Cleveland County Superior Court. (J. Gentry Caudill, J.) N.C. App. Click here for the full text of the opinion. Holding: Even though a defendant in ...

Tagged with: Cleveland County Criminal Practice evidence first impression Flight Hearsay

  State v. Bettis. (Lawyers Weekly No. 10-07-0871, 13 pp.) (Donna S. Stroud, J.) Appealed from Wake County Superior Court. (Howard E. Manning Jr., J.) N.C. App. Holding: Even though there was no direct evidence that defendant committed the armed ...

Tagged with: armed robbery circumstantial evidence Criminal Practice Flight Wake County