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Tag Archives: Gaston County

Criminal Practice – DWI – Second-Degree Murder – Expert Evidence – BAC – Retrograde Extrapolation – Odor of Alcohol – New Trial – Prior Convictions (access required)

State v. Davis. (Lawyers Weekly No, 10-07-1097, 34 pp.) (Linda M. McGee, J.) Appealed from Gaston County Superior Court. (Richard D. Boner, J.) N.C. App. Click here for the full text of the opinions. Holding: Where the state’s expert based ...

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Tort/Negligence – Personal Injury – Negligence Per Se – Regulatory Violations – Proximate Cause – Public Utilities – Utility Pole – Near Highway (access required)

Mosteller v. Duke Energy Corp. Plaintiff was a passenger in a vehicle that ran off the road and struck a utility pole inside the highway right-of-way, leaving plaintiff a quadriplegic. The defendant-power company allegedly violated N.C. Department of Transportation regulations by failing to apply for a permit for its placement of the pole; however, plaintiff's complaint fails because she does not allege that the DOT would have denied such an application had it been filed. We affirm the trial court's order granting defendant Duke Energy Corp.'s motion to dismiss.

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Criminal Practice – Sentencing – Death by Vehicle – Second-Degree Murder – Single Sentence – First Impression (access required)

State v. Davis. When a defendant's convictions for felony death by vehicle and second-degree murder arise out of the same conduct, he may be punished only for second-degree murder and not for felony death by vehicle. Also, when a defendant's convictions for felony serious injury by vehicle and assault with a deadly weapon inflicting serious injury (ADWISI) arise out of the same conduct, he may be punished only for ADWISI. We reverse the Court of Appeals' decision to the contrary and remand for re-sentencing.

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