State v. Mangum (Lawyers Weekly No. 15-07-0678, 24 pp.) (Ann Marie Calabria, J.) Appealed from Durham County Superior Court (Paul Ridgeway, J.) N.C. App. Holding: The stabbing incident in question and an earlier incident both involved defendant and her current ...

Tagged with: Prior Bad Acts stabbing

State v. Beckelheimer Although defendant would have been in his teens at the time of the acts testified to by a prosecution witness, the details of defendant’s acts were sufficiently similar to allow the witness to testify about an incident 10 to 12 years before the one at issue.

Tagged with: Criminal Practice evidence Prior Bad Acts Standard of Review

State v. Adams While the state presented evidence that defendant’s cell phone was in Raleigh at the time of the January 2009 break-in and was back in Atlanta the same evening, the state presented no forensic or eyewitness evidence to show that it was defendant who broke into his ex-wife’s Raleigh apartment, destroyed and scattered personal property there (including burning photographs of the two of them), and stole jewelry he had given her.

Tagged with: Criminal Practice evidence Prior Bad Acts

U.S. v. McBride Police had a reasonable articulable suspicion to detain defendant’s truck after a traffic stop, based on an experienced officer’s observations of defendant’s contacts with others at the site of a club known for drug activity, but the trial court erred reversibly in admitting prior “bad act” evidence, the 4th Circuit says.

Tagged with: Criminal Practice evidence Prior Bad Acts search & seizure traffic stop

State v. Beckelheimer. (Lawyers Weekly No. 11-07-0411, 13 pp.) (Donna S. Stroud, J.) Appealed from Chatham County Superior Court. (D. Jack Hooks Jr., J.) N.C. App. Click here for the full text of the opinion. Holding: Beyond the fact that ...

Tagged with: Chatham County Criminal Practice evidence Indecent Liberties Prior Bad Acts Sex Offense

State v. Oliver. (Lawyers Weekly No. 11-07-0346, 21 pp.) (Wanda G. Bryant, J.) Appealed from Cleveland County Superior Court. (James W. Morgan, J.) N.C. App. Click here for the full text of the opinion. Holding: The testimony of the victim ...

Tagged with: Cleveland County Criminal Practice evidence Indecent Liberties Prior Bad Acts Satellite-Based Monitoring Sexual Offense Vacated