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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, […]
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.
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[...]
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.
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 […]
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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Commentary
- Amotion sees resurgence after almost a decade
- 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
- Ex-president, bar association have made their choice
- 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
- Supreme Court leaves key internet protection untouched
- 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
