Despite numerous requests to leave and multiple orders from law enforcement, the decedent continued to return to defendant’s property while repeatedly threatening him with bodily harm. It is undisputed that the decedent was within the curtilage of defendant’s property – ...

Tagged with: Voluntary Manslaughter

RALEIGH (AP) A North Carolina man convicted of fatally shooting a neighbor will get a new trial because the jury wasn’t properly instructed about his right to defend his home, an appeals court ruled July 3. The North Carolina Court ...

Tagged with: North Carolina Court of Appeals retrial Voluntary Manslaughter

State v. Coleman (Lawyers Weekly No. 011-213-17, 15 pp.) (Richard Dietz, J.) Appealed from Clay County Superior Court (J. Thomas Davis, J.) N.C. App. Holding: The trial court acted well within its discretion when it allowed the state’s expert to ...

Tagged with: Voluntary Manslaughter

State v. Hamilton (Lawyers Weekly No. 15-06-1155, 1 p.) (Per Curiam) Appealed from Halifax County Superior Court (W. Russell Duke Jr., J.) On discretionary review from the Court of Appeals. N.C. S. Ct. Holding: In a unanimous, unpublished decision, the ...

Tagged with: Burglary Voluntary Manslaughter

State v. English (Lawyers Weekly No. 15-07-0502, 17 pp.) (Robert Hunter Jr., J.) Appealed from Brunswick County Superior Court (Claire Hill, J.) N.C. App. Holding: Although the direct evidence – defendant’s own statements – indicated that she did not act ...

Tagged with: Voluntary Manslaughter

State v. Epps (Lawyers Weekly No. 15-06-0322, 1 p.) (Per Curiam) (Sam Ervin IV, J., not participating) Appealed from Gaston County Superior Court (Hugh B. Lewis, J.) On appeal from the Court of Appeals. N.C. S. Ct. Holding: We affirm ...

Tagged with: stabbing Voluntary Manslaughter

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.

Tagged with: Criminal Practice Plea Agreement sentencing Unenforceable Voluntary Manslaughter

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 ...

Tagged with: Criminal Practice evidence self-defense Voluntary Manslaughter Wake County