North Carolina Lawyers Weekly

Mar 18, 2024

Ex-officer pleads guilty in urine-licking incident

JACKSON, Miss. — A former Mississippi police officer pleaded guilty Thursday to a federal misdemeanor charge after authorities said he forced a man he had arrested to lick urine off […]

Apr 25, 2019

Court can reject guilty plea if defendant claims innocence

Trial court judges aren’t required to accept guilty pleas from defendants who tell the court during plea hearings that they are in fact innocent, a divided North Carolina Court […]

Jun 13, 2018

Criminal Practice – Appellate Review – Guilty Plea – Reservation of Right – Procedural Vehicle

The Court of Appeals correctly found that it had jurisdiction to review the trial court’s denial of defendant’s motion to dismiss a DWI charge; however, the Court of Appeals improperly […]

Feb 28, 2018

Criminal Practice – Guilty Plea – Potential Sentence – Plea Agreement – Consolidation

Holding: The trial judge erroneously told defendant that possession of a controlled substance with the intent to sell a Schedule I controlled substance carried a maximum punishment of 24 months […]

Aug 3, 2017

Criminal Practice – Guilty Plea – Stipulations – Sentencing – Prior Record Level – Conclusion of Law

State v. Arrington (Lawyers Weekly No. 011-236-17, 22 pp.) (Mark Davis, J.) (Philip Berger Jr., J., dissenting) Appealed from Buncombe County Superior Court (Alan Thornburg, J.) N.C. App. Holding: Defendant’s […]

Jan 4, 2017

Criminal Practice – Appeals – Guilty Plea – Withdrawal Motion – Fine

State v. Zubiena (Lawyers Weekly No. 011-002-17, 26 pp.) (Mark Davis, J.) (Wendy Enochs, J., dissenting) Appealed from Buncombe County Superior Court (William Coward, J.) N.C. App. Holding: Where defendant […]

Jan 4, 2017

Criminal Practice – Guilty Plea – Knowing & Voluntary – Motion to Proceed – Waiver

State v. Ross (Lawyers Weekly No. 010-012-17, 11 pp.) (Cheri Beasley, J.) Appealed from Cleveland County Superior Court (James Morgan, J.) On discretionary review from the Court of Appeals. N.C. […]

Oct 19, 2016

Criminal Practice – Guilty Plea – Motion to Withdraw – Sentencing Recommendation

State v. McGill (Lawyers Weekly No. 011-344-16, 22 pp.) (Wendy Enochs, J.) Appealed from New Hanover County Superior Court (W. Allen Cobb Jr., J.) N.C. App. Holding: Defendant pleaded guilty, […]

Sep 21, 2016

Criminal Practice – Sentencing – Guilty Plea – Offense Level – Stipulation – Sexual Offense Registry – Clerical Error

State v. Robinson (Lawyers Weekly No. 011-326-16, 15 pp.) (Donna Stroud, J.) Appealed from Burke County Superior Court (Jeffrey Hunt, J.) N.C. App. Holding: A defendant may stipulate to a […]

Aug 9, 2016

Man serving life for murder pleads guilty in 1997 killing

LUMBERTON, N.C. (AP) — A man serving a life sentence for murder has pleaded guilty to second-degree murder in the 1997 death of a student at UNC Pembroke. WITN-TV in […]

May 4, 2016

Criminal Practice – Court Vacates Invalid Guilty Plea

U.S. v. Fitzgerald (Lawyers Weekly No. 001-080-16, 16 pp.) (Traxler, J.) No. 14-4795, April 27, 2016; USDC at Baltimore, Md. (Russell, J.) 4th Cir. Holding: A defendant who was assured […]

Feb 3, 2016

Criminal Practice – No Sentence Review for Stipulated Plea

U.S. v. Williams (Lawyers Weekly No. 001-023-16, 11 pp.) (Wynn, J.) No. 14-4680, Jan. 28, 2016; USDC at Florence, S.C. (Harwell, J.) 4th Cir. Holding: A defendant who pleaded guilty […]