North Carolina Lawyers Weekly

Sep 19, 2013

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 instruc[...]

May 23, 2013

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 wood[...]

Mar 22, 2013

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 student[...]

Dec 5, 2012

Serial robber sentenced to 176 years

A federal judge has sentenced a Goldsboro man to 176 years in prison for his part in a series of robberies in eastern North Carolina.

Jan 19, 2012

Criminal Practice – Burglary – ‘Entry’ – Breaking or Entering – Robbery – Show-Up ID – Restitution

State v. Watkins Where the state showed only that the butt of a shotgun entered the victim’s home as it broke a window - after which defendant heard the victim inside the home and ran away - the state failed to show the “entry” required to convict defendant of first-degree burglary. However, in convicting defendant of burglary, the jury necessarily found all the elements of felon[...]

Jul 12, 2010

Criminal Practice – Robbery & Murder – Jury Verdict – Arrested Judgment – Evidence – Prior Theft

State v. Blymer. (Lawyers Weekly No. 10-07-0612, 10 pp.) (Wanda G. Bryant, J.) Appealed from Rowan County Superior Court. (John L Holshouser Jr., J.) N.C. App. Holding: Where the jury […]