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Tag Archives: Plain Error Analysis

Criminal Practice – Jury & Jurors – Judge’s Comments – Plain Error – Inapplicable (access required)

State v. Ross. Defendant asks this court to review for plain error remarks the trial judge made to the jury upon the judge's receipt of notes indicating the jury was deadlocked. Aside from an Allen instruction - which defendant does not challenge - the judge's remarks were not "jury instructions" subject to plain-error review. We find no prejudicial error in defendant's convictions of delivery of a counterfeit controlled substance and having attained the status of habitual felon.

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Criminal Practice – Controlled Substances – Notice of Intent to Introduce Evidence – Waiver of Right to Counsel – Plain Error (access required)

  State v. Blackwell. (Lawyers Weekly No. 10-07-0918, 7 pp.) (Donna S. Stroud, J.) Appealed from Person County Superior Court (Donald W. Stephens, J.) N.C. App. Holding: When a defendant is not represented by counsel and the state fails to ...

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Criminal Practice – Confessions – Voluntariness – Plain Error – Discovery – Bad Faith (access required)

State v. Greene. (Lawyers Weekly No. 10-16-0909, 35 pp.) (Robert C. Hunter, J.). Appealed from Cabarrus County Superior Court (W. Robert Bell, J.) N.C. App. Unpub. Holdings: (1) Considering the totality of the circumstances surrounding the defendant’s confessions, the statements ...

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