Court of Appeals upholds manslaughter conviction, finds castle doctrine is not a ‘license to kill’
There was sufficient evidence to reject Defendant’s castle doctrine defense and no reversible error in the jury instructions or closing argument. We upheld Defendant’s voluntary manslaughter conviction. The case arose […]
Judge strikes down Illinois’ concealed carry ban on public transit
SPRINGFIELD, Ill. — A federal judge has ruled that an Illinois law banning the concealed carry of firearms on public transit is unconstitutional. U.S. District Judge Iain D. Johnston in […]
Prosecutor asks court to reverse governor’s pardon
AUSTIN, Texas — The Texas governor’s pardon of a former Army sergeant who fatally shot a Black Lives Matter demonstrator undermines the state’s legal system and constitution and should be […]
Dying imprisoned ex-doctor set to be freed
RICHMOND, Va. — On paper, Vince Gilmer was granted freedom more than two years ago. Today, he might actually leave prison. The former small-town North Carolina doctor and convicted murderer […]
VIDEO: Sharpe stands in front line of capital case defense
As North Carolina's capital defender, Rob Sharpe Jr. ensures indigent defendants in death penalty cases receive a fair trial.
New trial ordered in sawed-off shotgun slaying
RALEIGH — A man convicted of killing his landlord’s adult son with a sawed-off shotgun is entitled to a new trial because the presiding judge failed to instruct jurors about […]
Self-defense instruction OKed for gun possession charge
A trial judge should have instructed a jury on the theory self-defense before it convicted a Mecklenburg County man of possession of a firearm by a felon because there […]
Defendant’s own testimony precluded self-defense instruction
A judge correctly refused to instruct a jury on self-defense in the trial of a man convicted of the murder of one of his party guests because the defendant didn’t […]
Criminal Practice – Self-Defense – Warning Shot – Intent to Kill
Holding: We affirm the Court of Appeals‘ decision (If a defendant fires a gun as a means to repel a deadly attack, the defendant is not entitled to a self-defense […]
Criminal Practice – Assault with a Deadly Weapon – Self-Defense – Aggressor Jury Instruction
Holding: Although defendant testified that he thought the victim had retrieved a gun with which to shoot defendant and that defendant shot the victim in self-defense, the state’s evidence showed […]
Criminal Practice – Self-Defense – Warning Shot – Intent to Kill
State v. Cook (Lawyers Weekly No. 011-184-17, 18 pp.) (Chris Dillon, J.) (Hunter Murphy, J., concurring) (Donna Stroud, J., dissenting) Appealed from Mecklenburg County Superior Court (Hugh Lewis, J.) N.C. […]
Criminal Practice – Self-Defense – Stand Your Ground – Jury Instructions – Apartment Complex – Evidence – Victim’s Violence – Motion to Continue – Constitutional
State v. Bass (Lawyers Weekly No. 011-171-17, 44 pp.) (John Tyson, J.) (Wanda Bryant, J., dissenting) Appealed from Wake County Superior Court (Paul Ridgeway, J.) N.C. App. Holding: Even though […]
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