South Carolina lawyer Murdaugh’s murder conviction overturned
South Carolina’s highest court on May 13 overturned the murder conviction of former lawyer Richard “Alex” Murdaugh, who was serving two consecutive life sentences for allegedly shooting his wife […]
AI errors in murder case lead to discipline for Georgia prosecutor
The Georgia Supreme Court on May 5 disciplined a prosecutor, finding her misuse of artificial intelligence tools led to fake and misleading case citations appearing in a murder case ruling. The state’s high court barred Deborah Leslie, […]
Court of Appeals vacates Wingate’s conviction over expert vouching testimony
NC Court of Appeals vacates Wingate’s conviction; expert testimony improperly bolstered child’s credibility—remands case for new trial.
‘Rust’ armorer seeks conviction dismissal or new trial
SANTA FE, N.M. — A movie armorer has asked a judge to dismiss her involuntary manslaughter conviction or convene a new trial in the shooting death of a cinematographer by […]
Criminal Practice – Jury Instructions – Flight – New Trial
State v. Sanchez (Lawyers Weekly No. 010-083-17, 1 p.) (Per Curiam) Appealed from Wake County Superior Court (Michael O’Foghludha, J.) On discretionary review from the Court of Appeals. N.C. S. […]
Civil Practice – Post-Trial Motions – New Trial – JNOV – Attorneys’ Fees
RCJJ, LLC v. RCWIL Enterprises, LLC (Lawyers Weekly No. 020-034-17, 14 pp.) (Gregory McGuire, J.) 2017 NCBC 24 Holding: The only claim for which the jury awarded plaintiffs damages was […]
Civil Practice – New Trial Motion – Motion for Relief – Five-Year Delay – Landlord/Tenant
Swofford, Inc. v. Fisher (Lawyers Weekly No. 012-226-16, 10 pp.) (Chris Dillon, J.) Appealed from Rockingham County District Court (Frederick Wilkins Jr., & Christin Strader, JJ.) N.C. App. Unpub. Holding: […]
2 men convicted of killing girl in 1983 seek new trial
Half brothers who have spent 30 years in prison for the killing and rape of an 11-year-old North Carolina girl are heading to court to ask that their convictions be overturned based on DNA analysis of a cigarette butt found at the crime scene.
Criminal Procedure – Murder — Brady Error — New Trial
Wolfe v. Clarke A defendant convicted of murder-for-hire has shown that state prosecutors violated Brady v. Maryland when they intentionally withheld a detective’s report about conversation with the chief prosecution witness who said defendant asked him to commit the murder, and the 4th Circuit grants defendant’s § 2254 petition in this murder-for-hire case.
Criminal Practice – Jury & Jurors – Wikipedia Research – Cockfighting Charges – New Trial
U.S. v. Lawson A juror’s use of Wikipedia to research an element of a criminal offense violated defendant’s right to a fair trial on illegal “cockfighting” charges, and the 4th Circuit vacates defendant’s conviction for violating an animal fighting statute, 7 U.S.C. § 2156(a), and conspiracy convictions of defendants related solely to the animal fighting activities.
Criminal Practice – Motion for Appropriate Relief – New Trial – Newly Discovered Evidence – Drug Possession – Father’s Admission
State v. Rhodes At defendant’s trial for drug possession, defendant’s father “plead the Fifth” when he was asked whether the drugs belonged to him, and defendant’s mother refused to testify against her husband. After defendant was convicted and placed on probation, defendant’s father admitted that the drugs were his. The judge who presided over defendant’s trial and motion f[...]
Criminal Practice – Extortion – Entitlement – Threats of Violence – First Impression — Evidence – New Trial – Possession of Stolen Goods – Constructive Possession
State v. Privette Even if defendant was innocent of the charges for which he was jailed, he could still commit extortion by threatening to assault or kill the guilty party if he did not turn himself in. Nevertheless, evidence of hypothetical violence (what defendant said he would do to his wife if she were a man) should not have been admitted.
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