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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 […]
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.”
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[...]
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 […]
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 […]
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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Commentary
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- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Court’s term was rough on big business
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- Ruling sharpens boundaries in attorney-client privilege
- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
