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Court to weigh Baldwin codefendant’s plea on weapons charge
SANTA FE, N.M. (AP) — A judge is scheduled to resolve a weapons-related charge Friday against a codefendant in the case against actor Alec Baldwin for the fatal 2021 shooting of a cinematographer on a movie set. Prosecutors announced in January a proposed plea agreement with safety coordinator and assistant director David Halls regarding his […]
Criminal Practice – SC involuntary manslaughter can be non-violent
Holding: The defendant’s prior conviction for involuntary manslaughter in South Carolina did not qualify as a “violent felony” under the Armed Career Criminal Act. Background Appellant Jarnaro Carlos Middleton pled guilty to being a felon in possession of firearms and ammunition. The district court found that Middleton was subject to enhanced sentencing under the Armed […]
Immigration – Involuntary Manslaughter Not ‘Moral Turpitude’ Crime
Sotnikau v. Lynch (Lawyers Weekly No. 001-023-17, 14 pp.) (King, J.) No. 15-2073, Jan. 24, 2017; On Petition for Review; 4th Cir. Holding: Virginia’s involuntary manslaughter offense is not a “crime of moral turpitude,” and the Board of Immigration Appeals erred in its contrary holding and in rejecting a Belarus native’s petition for asylum, withholding […]
Tort/Negligence — Premises Liability – Adult Son – Party Guest – Involuntary Manslaughter
Leonard v. Transylvania County Department of Social Services (Lawyers Weekly No. 15-16-0626, 16 pp.) (Linda McGee, C.J.) Appealed from Transylvania County Superior Court (Marvin Pope Jr., J.) N.C. App. Unpub. Holding: Even if the defendant-homeowners had a duty to control their 19-year-old son, and even if the homeowners breached that duty, plaintiff has not shown […]
Man pleads guilty in ax killing
A Henderson man has pleaded to killing his uncle with an ax more than two years ago.
Charlotte woman charged in infant’s death
CHARLOTTE (AP) — A Charlotte woman has been charged with involuntary manslaughter in the death of her infant son. Area media outlets report that 33-year-old Katherine Ann Jennings is in the Brunswick County Jail charged in the death of 8-month-old Luke Stephen Phillips. Jennings told investigators that she had been sleeping with the child when […]
Criminal Practice – Involuntary Manslaughter – Bail Bondsman – Car Chase – Speeding
State v. McGee (Lawyers Weekly No. 14-07-0517, 12 pp.) (Sanford Steelman Jr., J.) Appealed from Wayne County Superior Court (Edwin Wilson Jr., J.) N.C. App. Holding: Even though a bail bondsman has sweeping powers to apprehend a principal, highway speed restrictions have been enacted in the interest of public safety and the preservation of human […]
Charges dropped against father in kids’ deaths
A judge dismissed charges against a Lincoln County man in the deaths of two children.
Criminal Practice – Involuntary Manslaughter – Group Home Caregiver – Choking Resident – Delay in Calling 911
State v. Parks Despite being urged by her babysitter and her neighbors to call 911 and despite being instructed by her employer to call 911, the defendant-caregiver waited nine to 12 minutes after she noticed a group home resident was choking before she called 911.
Bus driver to serve six years for deadly crash
The driver of a bus from Greensboro that crashed on Interstate 95 in Virginia, killing four passengers and injuring dozens, was sentenced Wednesday to spend six years in prison. Kin Yiu Cheung was given 40 years with 34 years suspended for his conviction last November on four counts of involuntary manslaughter, Commonwealth's Attorney Tony Spencer said.
Criminal Practice – Involuntary Manslaughter – Death by Vehicle – Simultaneous Prosecution – G.S. § 20-141.4(c)
State v. Elmore Although G.S. § 20-141.4(c) says no one who has been placed in jeopardy on a charge of death by vehicle may be prosecuted for manslaughter arising out of the same death, what the statute means is that no one can be sentenced for both offenses. We find no error in defendant’s conviction of involuntary manslaughter.
Criminal Practice – Improper Storage of a Firearm – Involuntary Manslaughter – Circumstantial Evidence
State v. Lewis Defendant’s wife testified that defendant was “responsible for storing” his Glock handgun and was the last person seen with the handgun before their three-year-old son shot himself with it.
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