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Prior Bad Acts

Jul 9, 2015

Criminal Practice — Second-Degree Murder – Evidence – Prior Bad Acts

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 boyfriend, escalation of an argument that led to the use of force between the participants, […]

Jun 19, 2012

Criminal Practice – Evidence – Prior Bad Acts – Standard of Review — Sufficient Similarity – 10- to 12-Year Gap

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.

May 3, 2012

Criminal Practice – B&E – Burning Personal Property – Evidence – Prior Bad Acts – Perpetrator’s Identity – Victim’s Ex-Husband

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[...]

Apr 25, 2012

Criminal Practice – Evidence – Prior Bad Acts – Search & Seizure – Traffic Stop

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.

Apr 28, 2011

Criminal Practice – Sex Offense & Indecent Liberties – Evidence – Prior Bad Acts – Too Dissimilar

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 both defendant’s half-brother and the minor victim in this case are males who played video […]

Apr 8, 2011

Criminal Practice – Indecent Liberties & Sexual Offense – Evidence – Prior Bad Acts – Sufficiently Similar – Satellite-Based Monitoring – Vacated

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 and her former neighbor was similar in many particulars about the way defendant talked to […]

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