State v. May (Lawyers Weekly No. 15-06-0585, 15 pp.) (Robert Edmunds Jr., J.) (Sam Ervin IV, J., not participating) Appealed from Alamance County Superior Court (Howard Manning, J.) On discretionary review from the Court of Appeals. N.C. S. Ct. Holding: ...

Tagged with: Plain Error Review

State v. Boyd Where there was no evidence that defendant “removed” the kidnapping victim, it was plain error for the trial court to instruct the jury that it could find defendant guilty if he confined, restrained “or removed the victim from one place to another.”

Tagged with: Criminal Practice Jury Instructions Kidnapping Plain Error Review Removal

State v. Oakes The state showed that, immediately after being stabbed and while awaiting an ambulance, the victim identified defendant as his assailant by nickname and pointed to defendant’s apartment building as where his assailant lived. Officer Wilson found blood on the front step of that building and a wet steak knife next to defendant’s kitchen sink, suggesting it had just been washed. At trial, the victim identified defendant as the perpetrator. Given this evidence, even if it were error for the trial court to admit testimony that defendant had been recently released from jail, defendant has failed to show that evidence of his past incarceration caused the jury to find him guilty.

Tagged with: Criminal Practice evidence Plain Error Review sentencing

State v. Johnson. (Lawyers Weekly No. 11-07-0226, 20 pp.) (Donna S. Stroud, J.) Appealed from Durham County Superior Court. (J.B. Allen, J.) N.C. App. Click here for the full text of the opinion. Holding: The trial court did not err ...

Tagged with: Criminal Practice Durham County Hearsay Plain Error Review

State v. Bortone. (Lawyers Weekly No. 11-16-0188, 16 pp.) (Martha A. Geer, J.) Appealed from Brunswick County Superior Court. (Ola M. Lewis, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: Even though more than ...

Tagged with: Brunswick County Criminal Practice evidence Plain Error Review Prior Convictions

State v. Jennings. (Lawyers Weekly No. 11-07-0073, 15 pp.) (Robert C. Hunter, J.) Appealed from Cabarrus County Superior Court. (Tanya T. Wallace, J.) N.C. App. Click here for the full text of the opinion. Holding: Since law enforcement officers are ...

Tagged with: Cabarrus County Criminal Practice expert witnesses Plain Error Review Rape Statutory Rape