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Tag Archives: Jury Instructions

Criminal Practice — Jury Instructions – Cocaine Possession – Intent – Manufacture, Sell or Deliver – ‘Fair’ Doubt – Attorneys – Ineffective Assistance Claim

State v. Turner (Lawyers Weekly No. 14-07-1082, 16 pp.) (Wanda Bryant, J.) Appealed from Catawba County Superior Court (Nathaniel Poovey, J.) N.C. App. Holding: Defendant was indicted for possession with intent to sell or deliver cocaine, but the trial court ...

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Tort/Negligence – Medical Malpractice — Wrongful Death – Jury Instructions – Proximate Cause – Foreseeability – ‘Injury & Death’

Atkinson v. Carolina Radiology Consultants, P.A. Over plaintiff’s objection, the trial court instructed the jury, “Proximate cause is a cause in which a natural and continuous sequence produces a person’s injury and death and is a cause which a reasonable prudent health care provider could have foreseen would probably produce such injury and death.” Since this instruction would hold defendants responsible only where defendant Clark could have foreseen the exact injury ultimately suffered by plaintiff, the instruction was contrary to prior opinions of our Supreme Court.

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Tort/Negligence – Medical Malpractice — Wrongful Death – Jury Instructions – Proximate Cause – Foreseeability – ‘Injury & Death’

Atkinson v. Carolina Radiology Consultants, P.A. Over plaintiff’s objection, the trial court instructed the jury, “Proximate cause is a cause in which a natural and continuous sequence produces a person’s injury and death and is a cause which a reasonable prudent health care provider could have foreseen would probably produce such injury and death.”

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Criminal Practice – Weapon Possession – Actual or Constructive — Jury Instructions – Plain Error

State v. Perry Where (1) the evidence only supported a theory that defendant actually possessed a pistol, (2) the state told the jury that this case only involved constructive possession, and (3) the trial court charged the jury on both actual and constructive possession, the trial court’s failure to answer the jury’s subsequent questions about possession resulted in plain error.

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