North Carolina Lawyers Weekly
Two men now face indictments in the death of a professor at the University of North Carolina at Chapel Hill.
Tagged with: Indictment murder robbery
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Criminal Practice – Constitutional – Assistance of Counsel – Possession of a Firearm – Joinder – Confrontation Right – Cross-Examination – Pending Charges – Other Districts
State v. Alston (Lawyers Weekly No. 14-07-0300, 28 pp.) (Martha Geer, J.) Appealed from Chatham County Superior Court (Allan Baddour, J.) N.C. App. Holding: Even though G.S. § 14-415.1 – which makes it unlawful for felons to possess firearms – ...
Read More »Criminal Practice – State’s Closing Argument – Witness Credibility – Evidence – Dishonorable Discharge
State v. Sargent (Lawyers Weekly No. 14-07-0248, 18 pp.) (Wanda Bryant, J.) Appealed from Catawba County Superior Court (James Downs, J.) N.C. App. Holding: Even though, in her closing argument, the prosecutor ventured close to the area of personal opinion ...
Tagged with: First-Degree Murder robbery
Read More »Criminal Practice – Duct Tape Fingerprint Not Enough to Convict
U.S. v. Strayhorn (Lawyers Weekly No. 14-01-0205, 21 pp.) (Wynn, J.) No. 12-4487, Feb. 26, 2014; USDC at Greensboro, N.C. (Eagles, J.) 4th Cir. Holding: In the prosecution of two brothers for robbery and attempted robbery of two North Carolina ...
Tagged with: robbery
Read More »Criminal Practice – Juvenile – Prior Adjudication – Disposition – Level 3
In re P.Q.M. (Lawyers Weekly No. 14-07-0152, 14 pp.) (Ann Marie Calabria, J.) Appealed from Gaston County District Court (Ralph C. Gingles, J.) N.C. App. Holding: Even though the juvenile’s delinquency adjudication for a less serious offense (larceny of a ...
Read More »Snow foils robbery suspects
Police: Wilmington robbery suspects did not shoot
Three men shot by law enforcement did not fire on officers after allegedly robbing a Pizza Hut last week, the Wilmington police chief said Wednesday.
Tagged with: police shooting robbery
Read More »Criminal Practice – Jury & Jurors – Challenge for Cause – Rehabilitation
State v. Carr Although, during voir dire, a prospective juror initially agreed with defense counsel that she would not be able to put aside her feeling about “loopholes” and that she didn’t think she could be fair and impartial in this case, by the close of voir dire, the prospective juror said she would vote in accordance with the facts presented at trial and the judge’s instructions on the law. The trial court did not abuse its discretion when it denied defendant’s motion to excuse this potential juror for cause.
Tagged with: robbery
Read More »Criminal Practice – Armed Robbery – Bullets
State v. Bell Even though defendant presented evidence that he unloaded the gun before he went into an insurance office, pointed the gun at the victim, and demanded money, there was also evidence that defendant was aware from almost the moment he left the insurance office that the police were watching him, he chose to flee, and he attempted to hide evidence by disposing of it in the woods.
Tagged with: conviction robbery
Read More »Criminal Practice – Armed Robbery & Kidnapping – Acting in Concert
State v. James Although it was defendant’s cousin who brandished the gun, defendant was not “merely present” for the kidnapping and robbery: Both men approached the victims’ car as defendant’s cousin forced a group of college students into the car at gunpoint; while police were chasing the car, defendant yelled at the driver to keep driving; defendant pushed one of the students to the floor of the backseat until his cousin told him to stop; and when the car eventually stopped, defendant fled from the police and took the purse of one of the students with him. The evidence supports a reasonable conclusion that defendant acted in concert with his cousin. We find no error in defendant’s conviction of kidnapping and armed robbery. His claim of ineffective assistance is dismissed without prejudice. Defendant contends there was no armed robbery of victim Jefferson because she dropped her purse when she got into the car and therefore did not have anything to turn over when defendant’s cousin ordered the students to give up their belongings. We disagree. Ms. Jefferson dropped her purse in the car only after she was forced into the backseat at gunpoint. Defendant’s cousin ordered Ms. Jefferson to find the items they wanted, and she handed over the belongings of victims Herberg and Gallman.
Tagged with: Kidnapping robbery
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