Criminal Practice – Second-Degree Murder – High-Speed Chase – Evidence – Shoplifting Spree – Malice — Driving Without a License – Post-Accident Conduct – Jury Instructions
State v. Rollins Defendant had been shoplifting before the high-speed chase that ended in a fatal crash. Evidence of the shoplifting spree was admissible to explain why defendant was trying so aggressively to evade the officers chasing him. The voluminous and organized nature of the shoplifting expedition explained why defendant was driving in the manner that he was for purposes of the ma[...]
Criminal Practice – Second Degree Murder – High Speed Chase – Responding Officer – Weapon Possession
State v. Pierce An officer was on his way to join a high speed chase of defendant when he swerved to avoid debris in the road, lost control of his vehicle, and died after his vehicle went over the median and hit trees. Defendant’s flight from police showed malice, and the death of a police officer driving to join the pursuit was foreseeable.
Tort/Negligence – Personal Injury – High-Speed Chase – No Gross Negligence
Nikopoulos v. Haigler. Where the plaintiff-motorcyclist led police on a high-speed chase, it was not gross negligence for the defendant-police chief to pass a car on the left and glance back to make . . .
Criminal Practice – Second-Degree Murder – Malice – High-Speed Chase – Recklessness
State v. Mack. (Lawyers Weekly No. 10-07-0809, 14 pp.) (Martha A. Geer, J.) Appealed from Gaston County Superior Court. (Nathaniel J. Poovey, J.) N.C. App. Holding: Defendant, whose license was revoked, drove extremely dangerously in order to evade arrest for breaking and entering and larceny. The state presented evidence that when an officer attempted to […]
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