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Tag Archives: lesser included offense

Criminal Practice – Felony Murder – Girlfriend’s Fear – Lesser Included Offense — Allen Charge – Pattern Jury Instruction (access required)

State v. Gettys Defendant claims it was error for the trial court to allow defendant’s girlfriend to testify that she didn’t press him for details on the night he killed the victim “because I didn’t want him to get pissed off and beat my ass ....” However, defendant does not challenge substantially similar testimony from a detective who interviewed the girlfriend and relayed her statement to the jury.

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Criminal Practice – Constitutional – Effective Assistance of Counsel – Concession of Guilt – Lesser Included Offense – Client’s Consent (access required)

State v. Holder The colloquy among the trial court, defense counsel, and defendant shows that defense counsel explained to the trial court in defendant’s presence that defendant had consented to permitting his counsel to concede to the jury that he was guilty of “something other than felony fleeing ... to elude arrest.”

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

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 (access required)

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 – Possession of Stolen Property – Lesser Included Offense – Unauthorized Use of a Motor Vehicle (access required)

State v. Nickerson. (Lawyers Weekly No. 10-07-1099, 9 pp.) (Donna S. Stroud, J.) Appealed from Orange County Superior Court. (Orlando F. Hudson, J.) N.C. App. Click here for the full text of the opinion. Holding: Where defendant presented evidence that ...

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