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Criminal Practice – Sexual Offense – Attempt – Evidence – Hearsay — Satellite-Based Monitoring
State v. Carter Where the complainant said on at least one occasion that defendant’s penis penetrated her anus, and where a sexual assault nurse examiner testified that the complainant’s anal fissure could have resulted from trauma to the anal area, there was sufficient evidence to support a finding of anal penetration. We find no error as to defendant’s conviction of first-degre[...]
Real Property – Constitutional – Eminent Domain – Inverse Condemnation Claim – Evidence – Affidavits – Hearsay
North Carolina Department of Transportation v. Cromartie Even though defendants substantially complied with the procedures necessary to raise their inverse condemnation counterclaim in this condemnation action, the trial court based its finding of inverse condemnation on hearsay which does not fall within an exception to the rule against hearsay. We affirm the trial court’s denial of[...]
Criminal Practice – Possession of Stolen Property – Evidence – Hearsay – Business Records Exception – NCIC Database
State v. Sneed. (Lawyers Weekly No. 11-07-0347, 20 pp.) (Martha A. Geer, J.) Appealed from Wake County Superior Court. (Ripley E. Rand, J.) N.C. App. Click here for the full […]
Criminal Practice – Evidence – Hearsay – Residual Exception – Accomplice’s Statement – Murder
State v. Sargeant. As part of a plea bargain, Matthew Dalrymple told the state what his testimony against co-conspirator Kyle Triplett would be, but Triplett pleaded guilty. Since Dalrymple refused to . . .
Criminal Practice – Voir Dire – Hearsay – Corroborating Statement – Plain Error
State v. Johnson. (Lawyers Weekly No. 11-07-0226, 20 pp.) (Donna S. Stroud, J.) Appealed from Durham County Superior Court. (J.B. Allen, J.) N.C. App. Click here for the full text […]
Tort/Negligence – Slip & Fall – Premises Negligence – Printouts of Website – Hearsay
Rankin v. Food Lion. (Lawyers Weekly No. 11-07-0216, 14 pp.) (Sam Ervin IV, J.) Appealed from Mecklenburg County Superior Court. (W. Robert Bell, J.) N.C. App. Click here for the […]
Criminal Practice – Murder – Circumstantial Evidence – Witness’ Prior Statement – Hearsay – Subsequent Acts – Motion to Continue – Expert Evaulation
State v. Banks. (Lawyers Weekly No. 11-07-0218, 36 pp.) (Sanford L. Steelman Jr., J.) Appealed from Buncombe County Superior Court. (Mark E. Powell, J.) N.C. App. Click here for the […]
Criminal Practice – Evidence – Shackles During Transfer – First Impression – Flight – Hearsay – Present Sense Impression – Shooting Victim
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 […]
Domestic Relations – Parent & Child – Permanency-Planning Order – Legal Guardianship – Evidence – Hearsay – Review Hearing
In re P.O. (Lawyers Weekly No. 10-07-0864, 23 pp.) (Linda Stephens, J.) Appealed from Robeson County District Court. (John B. Carter, J.) N.C. App. Holding: The respondent-mother proffered purported letters […]
Criminal Practice – Effect of Felony Conviction in Closing Arguments – Weapon on Educational Property – Hearsay
State v. Minton. (Lawyers Weekly No. 10-16-0830, 14 pp.) (Cheri Beasley, J.) (Barbara Jackson, J., concurring in the result only) Appealed from Orange County Superior Court. (Paul C. Ridgeway, […]
Criminal Practice – Attorneys – Potential Conflict of Interest – Prior Representation of State’s Witness – Trial Court Inquiry – Evidence – Hearsay – Against Penal Interest
State v. Choudhry. (Lawyers Weekly No. 10-07-0801, 20 pp.) (Sanford L. Steelman Jr., J.) (Cheri Beasley, J., dissenting) Appealed from Durham County Superior Court. (Henry W. Hight Jr., J.) N.C. […]
Criminal Practice – Drug Sale – Evidence – Hearsay – Public-Records Exception – Mug Shots
State v. McLean. (Lawyers Weekly No. 10-07-0619, 10 pp.) (Sanford L. Steelman Jr., J.) Appealed from Lee County Superior Court. (Richard T. Brown, J.) N.C. App. Holding: Even though the […]
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Commentary
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- Legally Speaking: What spring can teach us about active listening
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