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.

Tagged with: Criminal Practice Forsyth County Inapplicable Plain Error Analysis

  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 ...

Tagged with: Criminal Practice evidence notice Plain Error Analysis right to counsel waiver

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 ...

Tagged with: Bad Faith Cabarrus County Criminal Practice discovery 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 ...

Tagged with: Constitutional Criminal Practice evidence Plain Error Analysis Wayne County