The state presented evidence that an individual wearing a white shirt fled from the driver’s side of a stolen Lexus after the car was abandoned, the driver’s door was the only door left open, officers maintained almost constant visual contact ...

Tagged with: jury instruction

Defense counsel’s unsuccessful argument for a jury instruction: “Because I want it and I don’t have to give a reason for it, Your Honor.” State v. King, North Carolina Court of Appeals unpublished opinion, June 6, 2015.

Tagged with: jury instruction

State v. Rodelo (Lawyers Weekly No. 14-07-0015, 19 pp.) (Chris Dillon, J.) Appealed from Randolph County Superior Court (V. Bradford Long, J.) N.C. App. Holding: In analyzing defendant’s argument that his trial counsel rendered ineffective assistance by failing to request ...

Tagged with: cocaine jury instruction

U.S. v. Whitfield The 4th Circuit vacates a conviction and mandatory life sentence for a codefendant in a botched bank robbery and mid-escape home intrusion, which ended in the death of an elderly woman who suffered a heart attack; the district court erred in instructing the jury on an offense not charged in the indictment.

Tagged with: Criminal jury instruction

State v. Aguilar-Ocampo During discovery, the state produced a transcript of an audio-video recording of the drug deal at issue; however, shortly before trial, the state realized that the translator was not certified by the Administrative Office of the Courts. The state had the recording translated by an AOC-certified translator and provided the new translation to defendant a few days before trial. Although the trial court erroneously failed to recognize that the translation consisted entirely of an expert’s opinion and that the state had therefore failed to comply with the discovery requirements of G.S. § 15A-903(a)(2), we nevertheless discern no abuse of discretion in the trial court’s failure to strike the transcript or the translator’s testimony.

Tagged with: Admissible Criminal Practice discovery Expert Testimony jury instruction no prejudice

Flanary v. Wilkerson In this case of a home buyer alleging fraud against the home sellers, the trial court instructed the jury, “Even where a plaintiff’s reliance is unreasonable, in close cases, sellers who intentionally and falsely represent material facts so as to induce a party to action should not be permitted to say in effect, ‘You ought not to have trusted me. If you had not been so gullible, ignorant or negligent, I could not have deceived you.‘“

Tagged with: Fraud jury instruction Real Property Tort/Negligence

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.

Tagged with: Criminal Practice Insufficient Evidence jury instruction

State v. Stanley Although the trial court should have instructed the jury that it was not to consider the fact that defendant was handcuffed when it weighed evidence or determined the issue of guilt, given the evidence against defendant and the trial court’s instruction about incarceration, defendant was not prejudiced by the trial court’s failure to give the instruction about the handcuffs.

Tagged with: Criminal Practice jury instruction no prejudice

State v. Whetstone If an ex-Marine’s assault on defendant only put defendant in danger of bodily injury or offensive physical contact, defendant was not entitled to defend himself with deadly force. However, defendant put on evidence that he had a reasonable belief that the ex-Marine’s assault put defendant in danger of death or great bodily harm, thus entitling defendant to defend himself with deadly force.

Tagged with: Criminal Practice jury instruction self-defense

State v. Guarascio. (Lawyers Weekly No. 10-07-0681, 26 pp.) (Linda Stephens, J.) Appealed from New Hanover County Superior Court. (Phyllis M. Gorham, J.) N.C. App. Holding: Although he had oral and written notices that his private law enforcement certificates were ...

Tagged with: Criminal Practice joinder jury instruction