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Plain Error Analysis

Oct 20, 2010

Criminal Practice – Jury & Jurors – Judge’s Comments – Plain Error – Inapplicable

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 del[...]

Sep 22, 2010

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

  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 serve a notice upon him that it intends to use lab results on the nature […]

Sep 16, 2010

Criminal Practice – Confessions – Voluntariness – Plain Error – Discovery – Bad Faith

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 were voluntarily made, and the trial court properly denied the defendant’s motion to suppress. (2) […[...]

Aug 19, 2010

Criminal Practice – Constitutional – Right to Silence – Evidence – Plain Error Analysis

State v. Mendoza. (Lawyers Weekly No. 10-07-0811, 20 pp.) (Martha A. Geer, J.) Appealed from Wayne County Superior Court. (James Floyd Ammons Jr., J.) N.C. App. Holding: Even though the trial court improperly allowed the state to present evidence of defendant’s silence both before and after he was given his Miranda warnings, the erroneous admissions […]

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