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. Ct. Holding: Discretionary review was improvidently allowed from the Court ...

Tagged with: new trial

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 their claim for breach of contract, and the court instructed ...

Tagged with: new trial

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: Although the defendant-tenant filed his Rule 59 and 60 motions ...

Tagged with: 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.

Tagged with: murder 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.

Tagged with: murder 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.

Tagged with: Criminal Practice jury & jurors new trial

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 for appropriate relief correctly found that the father’s admission was newly discovered evidence warranting a new trial.

Tagged with: Criminal Practice drug possession Motion for Appropriate Relief new trial

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.

Tagged with: Constructive Possession Criminal Practice evidence Extortion first impression new trial possession of stolen goods

Caliber Builders, LLC v. Waste Water Systems of North Carolina, Inc. The plaintiff-contractor presented evidence that it paid the defendant-supplier $42,750.25 but that the supplier never even ordered the supplies; nevertheless, the jury awarded the contractor only $19,289.45 in damages. Where the trial court found the jury’s verdict to be against the greater weight of the evidence, the court should have granted a new trial on the issue of damages rather than amending the judgment to increase the amount of damages. Poor v. Hill, 138 N.C. App. 19, 530 S.E.2d 838 (2000).

Tagged with: Civil Practice Damages new trial

State v. Matthews Even though, during his cross-examination of a prosecution witness, defendant elicited a confirmation that another person had initially been identified as a suspect, defendant did not present evidence within the meaning of Rule 10 of the General Rules of Practice for the Superior and District Courts. Therefore, defendant should have been allowed the final closing argument.

Tagged with: closing argument Criminal Practice new trial