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Tag Archives: Prior Conviction

Criminal Practice – Habeas Corpus – Sentencing – Prior Conviction – 2010 Ruling – Not Retroactive (access required)

U.S. v. Powell The 4th Circuit denies post-conviction relief for a defendant’s 240-month sentence for conspiracy to distribute cocaine, enhanced due to defendant’s prior North Carolina drug conviction; the rule defendant advances from a 2010 U.S. Supreme Court case is not retroactively applicable to cases on collateral review, and defendant’s § 2255 motion is untimely.

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Criminal Practice – DWI – Mistrial Motion – Officer’s Testimony – Prior Conviction – Limiting Instruction (access required)

State v. Creef Even though the arresting officer should not have been allowed to testify that defendant had a prior conviction, the trial court granted defendant’s motion to strike the testimony and instructed the jury to disregard the testimony. The trial court did not abuse its discretion by refusing to grant a mistrial; furthermore, the state presented sufficient evidence to prove beyond a reasonable doubt that defendant was driving while impaired.

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Criminal Practice – Murder – Evidence – Prior Conviction – Manslaughter – Surrounding Circumstances – Prejudicial Error (access required)

State v. Flood Although defendant’s New Jersey conviction of a 1994 manslaughter was properly admitted, evidence of the circumstances surrounding the 1994 shooting should have been excluded. The only remarkable similarities between the 1994 manslaughter and the 2007 shooting at issue were that both victims were prone and both were shot in the head.

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Criminal Practice – Sentencing – Prior Conviction – Motion to Suppress – G.S. 15A-908 (access required)

State v. Blocker Even though defendant cannot collaterally attack her 2007 conviction in an attempt to have it overturned, G.S. § 15A-908 allows her to seek to have the 2007 conviction suppressed (on the grounds that it was obtained in violation of her right to counsel) for purposes of her sentencing on a 2009 conviction.

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Criminal Practice – Sentencing – Enhancement – Prior Conviction – Sexual Abuse (access required)

U.S. v. Spence The 4th Circuit upholds an enhanced sentence for a defendant convicted of possession of child pornography, based on his prior conviction under South Carolina common law for “assault and battery of a high aggravated nature”; the district court did not err in holding that the prior conviction qualified as a predicate offense under the sexual abuse enhancement under 18 U.S.C. § 2252A(b)(2).

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