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Tag Archives: sentence

Criminal Practice – Sentencing – Second-Degree Murder – Aggravating Factor – Heinous, Atrocious or Cruel – Defendant’s Presence – Prosecutor’s Statements – SBI Agent’s Testimony (access required)

State v. Hurt (Lawyers Weekly No. 14-07-0667, 24 pp.) (Mark Davis, J.) Appealed from Caldwell County Superior Court (Thomas Haigwood, J.) On remand from the N.C. Supreme Court. N.C. App. Holding: Even if the state had not presented evidence that ...

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Criminal Practice – Appeal Waiver Covers Change in Law (access required)

U.S. v. Copeland Although this court issued a new decision after defendant’s sentencing, under which he no longer qualified for the sentencing enhancements he received under 21 U.S.C. § 841 and USSG § 4B1.1, the 4th Circuit says his appeal waiver was valid and covered this claim and others he asserts on appeal, and the court dismisses his appeal of his sentence after his plea of guilty to crack cocaine distribution.

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