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Criminal Practice – ‘Willful Blindness’ Instruction OK’d for Stolen Goods
U.S. v. Hale (Lawyers Weekly No. 001-112-17, 25 pp.) (Niemeyer, J.) No. 15-4642, May 15, 2017; USDC at Charlotte, N.C. (Cogburn, J.) 4th Cir. Holding: At defendant’s trial on charges arising from his participation in an illegal operation fencing over-the-counter medications and health and beauty products stolen by drug addicts and resold through a warehouse […]
Criminal Practice – Possession of Stolen Goods – Constructive Possession – Rented Van – Walking Away
State v. Rice (Lawyers Weekly No. 011-095-17, 10 pp.) (Hunter Murphy, J.) Appealed from Edgecombe County Superior Court (Alma Hinton, J.) N.C. App. Holding: Defendant’s possession of stolen firearms found inside a van was not exclusive because defendant had rented the van with another individual; however, the state proved constructive possession via evidence of other […]
Four men facing federal charges plead guilty
Four Cherryville men accused of offering to provide protection to trucks carrying stolen goods and cash have pleaded guilty in federal court.
Criminal Practice – Extortion – Entitlement – Threats of Violence – First Impression — Evidence – New Trial – Possession of Stolen Goods – Constructive Possession
State v. Privette Even if defendant was innocent of the charges for which he was jailed, he could still commit extortion by threatening to assault or kill the guilty party if he did not turn himself in. Nevertheless, evidence of hypothetical violence (what defendant said he would do to his wife if she were a man) should not have been admitted.
Criminal Practice – Possession of Stolen Goods – Defendant’s Knowledge – Sentencing – On Probation – Counsel’s Stipulation
State v. Cannon Where the state showed only that (1) the stolen four-wheeler had undergone cosmetic changes, its decals and stickers having been pulled off and a different decal having been affixed to it; (2) defendant twice drove to his cousin’s house on the four-wheeler, which a deputy had towed away after defendant’s arrest; and (3) the sheriff’s department later learned that the[...]
Criminal Practice – Possession of Stolen Goods – Defendant’s Knowledge – Sentencing – On Probation – Counsel’s Stipulation
State v. Cannon Where the state showed only that (1) the stolen four-wheeler had undergone cosmetic changes, its decals and stickers having been pulled off and a different decal having been affixed to it; (2) defendant twice drove to his cousin’s house on the four-wheeler, which a deputy had towed away after defendant’s arrest; and (3) the sheriff’s department later learned that the[...]
Criminal Practice – Possession of Stolen Goods – Unauthorized Use of a Motor Vehicle – Not Lesser Included Offense
State v. Nickerson An essential element of the offense of unauthorized use of a motor vehicle is that the property at issue be a “motor-propelled conveyance.” In order to prove possession of stolen goods, the state need not prove that defendant had a “motor-propelled conveyance”; rather the state need only prove that the property in defendant’s possession is any type of personal[...]
Dubious Deeds
On June 1, a real estate agent was showing a house to a couple in the Union County town of Weddington. While the couple checked out the basement of the house in the 1000 block of Antioch Woods Lane, two men, Asaru A. Ali and Kenneth W. Lewis, suddenly showed up, according to Detective Brian Keziah of the Union County Sheriff’s Department. Ali and Lewis had some news that took everyone by s[...]
Criminal Practice – Larceny – Possession of Stolen Goods – Habitual Felon Plea
State v. Szucs (Lawyers Weekly No. 10-07-1061, 14 pp.) (Barbara Jackson, J.) Appealed from Mecklenburg County Superior Court . (Calvin E. Murphy, J.) N.C. App. Click here to read the full story. Holding: When a jury convicts on both larceny and possession of stolen goods obtained from the same larceny, it is not enough to […]
Criminal Practice – Possession of Stolen Goods – Jury Instructions – Lesser Included Offense
State v. Nickerson. (Lawyers Weekly No. 10-07-0959, 9 pp.) (Donna Stroud, J.) Appealed from Orange County Superior Court (Orlando. F. Hudson, J.) N.C. App. Click here for the full text of the opinion. Holding: In a case in which a defendant was found driving a stolen automobile and charged with possession of stolen goods, the […]
Criminal Practice – Constitutional – Miranda – Reinitiating Conversation – Sentencing – Armed Robbery & Possession of Stolen Goods – Double Jeopardy
State v. Moses. (Lawyers Weekly No. 10-07-0687, 15 pp.) (Ann Marie Calabria, J.) Appealed from Durham County Superior Court. (J.B. Allen Jr., J.) N.C. App. Holding: Even though, when he was first warned of his Miranda rights, defendant said he did not want to talk without a lawyer, since defendant later reinitiated conversation with the […]
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Commentary
- Amotion sees resurgence after almost a decade
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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
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- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- A roadmap to attracting, developing, retaining great associates
