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Tag Archives: Voluntary Manslaughter

Criminal Practice – Plea Agreement – Sentencing — Unenforceable – Voluntary Manslaughter (access required)

State v. Rico Where the sentencing judge failed to make any findings as to aggravating factors and failed to exercise his discretion in determining whether an aggravated sentence - as called for in defendant’s plea agreement - was appropriate, defendant’s original sentence was invalid as a matter of law.

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Criminal Practice – Voluntary Manslaughter – Self-Defense – Evidentiary Discrepancies – Credibility – Jury Question (access required)

State v. Kirby. (Lawyers Weekly No. 10-07-0807, 19 pp.) (Robert N. Hunter Jr., J.) Appealed from Wake County Superior Court. (Carl R. Fox, J.) N.C. App. Holding: Even though defendant’s evidence supported his claim of self-defense, the state’s evidence supported ...

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