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Serious Injury

Aug 22, 2013

Criminal Practice – Sexual Offense – First Impression – Lack of Contact – SBM

State v. Green Although defendant did not touch the victim, when he ordered her – at gunpoint – to undress and to insert her own fingers into her vagina, defendant participated in the action by directing the victim. Given that the text of our statutes does not explicitly exclude instances such as the one in this case and the persuasive trend in other courts is to recognize coerced s[...]

Oct 20, 2011

Criminal Practice – Attempted Murder – Constitutional – Confrontation Clause – Unavailable Witness – Probable Cause Hearing Testimony – Intent to Kill – Serious Injury – Sentencing – Aggravating Factors

State v. Ross At the probable cause hearing, defendant was represented by counsel (who was one of his trial counsel), he had the same motive to cross-examine victim Besies as at trial, and his counsel did in fact cross-examine Besies; therefore, defendant had an adequate opportunity to cross-examine Besies. Since Besies was unavailable to testify at trial, the trial court did not violate [...]

Apr 27, 2011

Criminal Practice – Assault – ‘Serious Injury’ – Shotgun Wounds

State v. McLean. (Lawyers Weekly No. 11-07-0413, 18 pp.) (Cheri Beasley, J.) Appealed from Wayne County Superior Court. (Walter H. Godwin Jr., J.) N.C. App. Click here for the full text of the opinion. Holding: Even assuming arguendo that transportation of a shooting victim to the hospital by ambulance is not sufficient to show “hospitalization,” […]

Mar 18, 2011

Criminal Practice – Sentencing – Restitution – Insufficient Evidence – Serious Injury – Gunshot Wounds

State v. Smith. (Lawyers Weekly No. 11-07-0281, 12 pp.) (Linda M. McGee, J.) Appealed from Wake County Superior Court. (Ripley E. Rand, J.) N.C. App. Click here for the full text of the opinion. Holding: The trial court ordered defendant to pay restitution of $385 related to her house arrest and $3,037 for the victim’s […]

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