U.S. v. Garcia-Lagunas (Lawyers Weekly No. 001-140-16, 64 pp.) (Diaz, J.) No. 14-4370, Sept. 1, 2016; USDC at Raleigh, N.C. (Fox, J.) 4th Cir. Holding: Allowing a government witness to testify that an accused drug dealer lived in “squalid” conditions ...

Tagged with: Harmless Error

State v. Wood Even though the trial court should have allowed the jury to decide the aggravating-factor issue of whether defendant’s negligence led to an accident causing more than $1,000 in property damage, the voir dire testimony of the victim of that accident clearly established that the damage to his vehicle could be repaired for approximately $1,600. The trial court’s error was harmless beyond a reasonable doubt.

Tagged with: Aggravating Factor Criminal Practice dwi Harmless Error restitution sentencing

In re J.R.V. Where our Court of Appeals held, Even though, before the juvenile testified, the trial court failed to warn him of his privilege against self-incrimination, the error was harmless. The juvenile’s testimony echoed that of the state’s witness in some respects; otherwise, it was exculpatory,” discretionary review was improvidently allowed.

Tagged with: Criminal Practice Failure to Warn Harmless Error juvenile

In re J.R.V. Even though, before the juvenile testified, the trial court failed to warn him of his privilege against self-incrimination, the error was harmless. The juvenile's testimony echoed that of the state's witness in some respects; otherwise, it was exculpatory.

Tagged with: Failure to Warn Harmless Error juvenile

U.S. v. Byers Even assuming the district court erred in allowing testimony about defendant's alleged prior shooting of another man, or testimony from the later murder victim's girlfriend, the 4th Circuit says any errors were harmless and did not unfairly affect the trial of two codefendants in this murder-for-hire case involving the fatal shooting of a witness to prevent him from testifying against one of the codefendants in a state murder trial.

Tagged with: evidence Harmless Error murder-for-hire

U.S. v. Barnette A district court's refusal to provide the defense with clean copies of the juror questionnaires was clearly an abuse of its considerable discretion in the proceedings after remand on a capital murder defendant's Batson claim, but the 4th Circuit says the error was harmless, as the record shows the error in refusing to allow defendant access harmless beyond a reasonable doubt.

Tagged with: Abuse of Discretion Harmless Error jury & jurors

State v. Grady. (Lawyers Weekly No. 10-07-0803, 10 pp.) (Martha A. Geer, J.) Appealed from New Hanover County Superior Court. (Jerry Cash Martin, J.) N.C. App. Holding: Even assuming it was error to allow an SBI analyst to testify about ...

Tagged with: confrontation right Constitutional Criminal Practice expert witnesses Harmless Error New Hanover County

State v. Rice. (Lawyers Weekly No. 10-16-0406, 17 pp.) (Robert C. Hunter, J.) Appealed from Mecklenburg County Superior Court (Timothy L. Patti, J.). N.C. App. Unpub. Holding: The trial court properly admitted a hearsay statement by the victim that the ...

Tagged with: Criminal Practice Harmless Error Hearsay