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Tag Archives: Insufficient Evidence

Tort/Negligence – Malicious Prosecution – Dropped Embezzlement Charges – Institution of Criminal Proceedings – Probable Cause (access required)

Mathis v. Dowling As the executive director for the local United Way, defendant Willett had a fiduciary duty to investigate a possible misuse of funds; as such, she met with prosecuting authorities, but only (1) at the request of the (post-hurricane) Unmet Needs Committee, (2) after the Chairman of the Council on Aging’s Board of Directors told her that funds were missing from the Council’s flood relief account, and (3) after personally discerning that plaintiff had made unauthorized transfers. Further, police Detective Trantham conducted an independent and thorough investigation.

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Workers’ Compensation – Occupational Disease – Increased Risk – Insufficient Evidence – RADS – Bleach Exposure (access required)

Harrell v. Palace Entertainment Holdings, Inc. It was up to the Industrial Commission to decide how much weight to give plaintiff’s testimony about his exposure to sodium hypochlorite; moreover, plaintiff failed to present any expert testimony that his single exposure to bleach placed him at an increased risk of developing reactive airways dysfunction syndrome.

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Workers’ Compensation – Change of Condition – Insufficient Evidence – Recusal Motion (access required)

Ellison v. Dana Corp. Even though there may be some evidence of a change of condition, the record supports the Industrial Commission’s determination that there was insufficient evidence of a new condition or that plaintiff’s current condition was causally connected to her July 30, 2004 work-related specific traumatic incident.

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Criminal Practice – Uttering a Forged Instrument – Forgery – Insufficient Evidence (access required)

State v. Brown Even though defendant acknowledged that someone else gave him the HP Invent payroll check and that he didn’t work for HP, and even though the bank teller said the check was “strange,” this was not sufficient to show that the check was forged, i.e., that the check was not actually from HP. We vacate defendant’s convictions of uttering a forged instrument, attempting to obtain property by false pretenses, and obtaining the status of habitual felon.

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Criminal Practice – Jury Instruction – Diminished Capacity – Insufficient Evidence (access required)

State v. McDowell Even though defendant’s experts testified about his mental conditions, they never testified that these conditions left him unable to premeditate, deliberate or form the specific intent to kill; therefore, defendant was not entitled to a jury instruction on diminished capacity. We find no error in defendant’s conviction of first-degree murder.

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Criminal Practice – 1972 Murder – Motive – Means & Opportunity – Insufficient Evidence (access required)

State v. Hayden The state's evidence of ill will between defendant and the victim was sufficient to prove that defendant had motive to kill the victim, but the state's only evidence of opportunity was that defendant made a statement 26 years after the murder that he was briefly in a spot two miles away from the murder scene, and the state's only evidence of means was that defendant bragged that he had an M-16 and did have M-16 ammunition, M-16 shell casings were found at the murder scene, and some type of high-powered rifle was used in the shooting. The state's evidence of means and opportunity were insufficient to take the case to the jury.

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Criminal Practice – Sentencing – Restitution – Insufficient Evidence – Serious Injury – Gunshot Wounds (access required)

State v. Smith. (Lawyers Weekly No. 11-07-0281, 12 pp.) (Linda M. McGee, J.) Appealed from Wake County Superior Court. (Ripley E. Rand, J.) N.C. App. Click here for the full text of the opinion. Holding: The trial court ordered defendant ...

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