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Tag Archives: Jury Instructions

Criminal Practice – Burglary – Acting in Concert – Completed Role – No Withdrawal – Jury Instructions – ‘Not Guilty’ Choice

State v. Wright. (Lawyers Weekly No. 11-07-0349, 16 pp.) (Sanford L. Steelman Jr., J.) Appealed from Durham County Superior Court. (Cressie Thigpen Jr., J.) N.C. App. Click here for the full text of the opinion. Holding: Even though defendant expressed ...

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Criminal Practice – Maintaining a Dwelling – Possession and/or Sale – Jury Instructions – Marijuana Trafficking – Constitutional – Confrontation Right – Expert Witness – Sentencing – Mitigating Factors

State v. Garnett. (Lawyers Weekly No. 11-07-0153, 20 pp.) (Robert N. Hunter Jr., J.) Appealed from Buncombe County Superior Court. (Zoro J. Guice Jr., J.) N.C. App. Click here for the full text of the opinion. Holding: Even though defendant ...

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Criminal Practice – Jury Instructions – Speeding to Elude Arrest – Aggravating Factors – Lesser Included Offense – First Impression

State v. Dewalt. In an issue of first impression involving the offense of felony speeding to elude arrest, a jury can be instructed on driving while license revoked as an aggravating factor even if the offense took place in a public vehicular area, rather than a street or roadway ...

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Criminal Practice – First-Degree Murder – Jury Instructions – Lesser Included Offense – No Evidence – Photos of Victim

State v. Bedford. (Lawyers Weekly No. 10-07-1167, 12 pp.) (Wanda G. Bryant, J.) Appealed from Onslow County Superior Court. (Jay D. Hockenbury, J.) N.C. App. Click here for the full text of the opinion. Holding: Even though the state presented ...

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Criminal Practice – Sexual Offense – Minor Victim – Jury Instructions – Satellite-Based Monitoring

State v. Treadway. (Lawyers Weekly No. 10-07-1177, 27 pp.) (Robert C. Hunter, J.) Appealed from Alexander County Superior Court. (Christopher M. Collier, J.) N.C. App. Click here for the full text of the opinion. Holding: The indictment alleged that defendant ...

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Criminal Practice – Jury Instructions – Acting in Concert – Evidence – Prior Inconsistent Statement – State’s Witness – Rule 607

State v. Gabriel. (Lawyers Weekly No. 10-07-1011, 19 pp.) (Linda Stephens, J.) Appealed from Mecklenburg County Superior Court. (Jesse B. Caldwell III, J.) N.C. App. Click here to read the full text of the opinion. Holding: Even though defendant said ...

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