Even though the trial court did not give all the instructions requested by defendant, the trial court’s jury instructions included the requested instructions in substance; moreover, the trial court did give defendant’s requested instruction on lack of mental capacity. We ...

Tagged with: Jury Instructions

State v. Emigh (Lawyers Weekly No. 011-377-17, 8 pp.) (Philip Berger Jr., J.) Appealed from Gates County Superior Court (Alma Hinton, J.) N.C. App. Holding: When the trial court instructed the jury that a “person takes a deer when he ...

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State v. Robinson (Lawyers Weekly No. 011-277-17, 24 pp.) (Valerie Zachary, J.) Appealed from Mecklenburg County Superior Court (R. Gregory Horne, J.) N.C. App. Holding: Even though there was no evidence that defendant actually possessed either the firearms or the ...

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State v. Lyons (Lawyers Weekly No. 011-401-16, 26 pp.) (Linda McGee, C.J.) Appealed from Cleveland County Superior Court (Forrest Bridges, J.) N.C. App. Holding: The trial court erred when it instructed the jury that jurors would not have the option, ...

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State v. Holloman (Lawyers Weekly No. 011-167-16, 15 pp.) (Lucy Inman, J.) Appealed from Wake County Superior Court (Donald Stephens, J.) N.C. App. Holding: Although deviation from the pattern jury instructions is not per se error, in this case, the ...

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State v. Chaves (Lawyers Weekly No. 011-078-16, 11 pp.) (Mark Davis, J.) Appealed from Durham County Superior Court (Michael O’Foghludha, J.) N.C. App. Holding: The victim’s acts and words – engaging in sexual intercourse with defendant in order to manipulate ...

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State v. Tomlinson (Lawyers Weekly No. 012-045-016, 12 pp.) (Robert Hunter Jr., J.) Appealed from Edgecombe County Superior Court (Quentin Sumner, J.) N.C. App. Unpub. Holding: The pattern jury instructions given by the trial court covered all the essential elements ...

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State v. Tomlinson (Lawyers Weekly No. 15-16-0865, 22 pp.) (Martha Geer, J.) Appealed from Nash County Superior Court (Quentin Sumner, J.) N.C. App. Unpub. Holding: Defendant validly waived counsel during his district court proceedings, so when he appealed to superior ...

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State v. Calderon (Lawyers Weekly No. 15-07-0671, 26 pp.) (Linda McGee, C.J.) Appealed from Cleveland County Superior Court (Jeffrey Hunt, J.) N.C. App. Holding: Even though the trial court erred when it omitted the “not guilty” option from its instructions ...

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State v. Berry (Lawyers Weekly No. 15-06-0595, 1 p.) (Per Curiam) Appealed from Alamance County Superior Court (James Hardin Jr., J.) On appeal from a divided panel of the N.C. Court of Appeals. N.C. S. Ct. Holding: For the reasons ...

Tagged with: Jury Instructions stipulation