Tag Archives: other bad acts

Criminal Practice – DWI & Second-Degree Murder – Proximate Cause – Prior Convictions – Malice – Other Bad Acts (access required)

State v. Marslender An eyewitness testified that defendant’s truck passed her just as she was beginning to slow down because of heavy rain. She saw the truck go out of control due to, she thought, overcompensating. In addition to defendant’s 0.12 blood alcohol content, this was sufficient evidence that defendant’s impaired driving was the proximate cause of the accident that killed his passenger.

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Criminal Practice – Statutory Sex Offense – Evidence – Other Bad Acts – Second Victim (access required)

State v. Houseright Even though, when testifying about events at the Rosemont Avenue address, victim B.F. testified that she and defendant had sexual intercourse but did not specifically testify as to an act that would constitute a sex offense, B.F. also testified that, preceding each incident of sexual intercourse, defendant digitally penetrated her. This testimony was broad enough to encompass the incident at the Rosemont Avenue address. The trial court did not err by denying defendant’s motion to dismiss one of the counts of statutory sex offense.

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Criminal Practice – Evidence – Other Bad Acts – Witness’s Conviction – Burglary & Assault (access required)

State v. Ellerbee Although the trial court should not have admitted evidence that defendant had assaulted someone else and that a defense witness had been convicted of manslaughter in 1986 (released in 1991), the evidence of defendant’s guilt was so overwhelming that these errors were not prejudicial: (1) The victim testified that he observed defendant’s face and recognized his voice during the beating, (2) Katie Lane testified that she recognized defendant’s voice as being the one who was yelling at the victim in the road, and (3) Abbie McRae testified that she witnessed defendant beating the victim, had a conversation with defendant, and had known defendant her entire life.

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Criminal Practice – Sudanese Defendant – English Comprehension – Miranda – Trial Interpreters – Other Bad Acts – Armed Robbery – Recent Possession Doctrine (access required)

State v. Mohamed. (Lawyers Weekly No. 10-07-0686, 31 pp.) (Sam Ervin IV, J.) Appealed from Guilford County Superior Court. (Kenneth C. Titus, J.) N.C. App. Holding: Even though the Sudanese defendant had only been in the U.S. for six months ...

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