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Tag Archives: Plain Error Review

Criminal Practice – Evidence – Prior Incarceration – Plain Error Review – Sentencing (access required)

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.

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

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 ...

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