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Tag Archives: Prior Convictions

Criminal Practice – DWI & Second-Degree Murder – Proximate Cause – Prior Convictions – Malice – Other Bad Acts (access required)

State v. Marslender An eyewitness testified that defendant’s truck passed her just as she was beginning to slow down because of heavy rain. She saw the truck go out of control due to, she thought, overcompensating. In addition to defendant’s 0.12 blood alcohol content, this was sufficient evidence that defendant’s impaired driving was the proximate cause of the accident that killed his passenger.

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Criminal Practice – Sentencing – PSR ‘Facts’ – Prior Convictions — ACCA (access required)

U.S. v. BoykinA district court committed plain error when it used the presentence report’s discussion of the circumstances surrounding defendant’s two prior violent-felony convictions to apply an Armed Career Criminal Act enhancement under 18 U.S.C. § 924 when sentencing defendant as a felon in possession of a firearm; the 4th Circuit vacates the sentence and remands for a new sentencing hearing on this issue.

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Criminal Practice – ACCA – Prior Convictions – ‘Building’ B&Es (access required)

U.S. v. Foster A defendant’s prior convictions for breaking and entering a restaurant and a “Corner Market” under Virginia’s non-generic burglary statute qualify as violent felonies under the Armed Career Criminal Act, contrary to the district court decision, and the 4th Circuit vacates defendant’s sentence for possession of a firearm as a convicted felon and remands for resentencing.

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Criminal Practice – DWI – Second-Degree Murder – Expert Evidence – BAC – Retrograde Extrapolation – Odor of Alcohol – New Trial – Prior Convictions (access required)

State v. Davis. (Lawyers Weekly No, 10-07-1097, 34 pp.) (Linda M. McGee, J.) Appealed from Gaston County Superior Court. (Richard D. Boner, J.) N.C. App. Click here for the full text of the opinions. Holding: Where the state’s expert based ...

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