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Plain Error Review

Jun 16, 2015

Criminal Practice — Deadlocked Jury – Instructions – Plain Error Review

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: The second time the jury notified the trial judge that they were deadlocked, the judge […]

Aug 8, 2012

Criminal Practice – Plain Error Review – Jury Instructions – Kidnapping – Removal

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.”

Mar 22, 2012

Criminal Practice – Evidence – Prior Incarceration – Plain Error Review – Sentencing

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 w[...]

Mar 4, 2011

Criminal Practice – Voir Dire – Hearsay – Corroborating Statement – Plain Error

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 in the restrictions it placed upon the defendant’s voir dire or in the admission of […]

Feb 23, 2011

Criminal Practice – Evidence – Prior Conviction – More Than 10 Years Old – 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 10 years had elapsed since defendant’s conviction of felony forgery of deeds or wills when […]

Jan 21, 2011

Criminal Practice – Statutory Rape – Expert Witnesses – Computer Forensics Expert – Destroying Evidence – Physician – Healing Time – Plain Error Review

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 permitted to testify about the practices criminals use in concealing their identity or criminal activity, […]

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