RALEIGH (AP) Relatives of a North Carolina man fatally shot by a deputy can proceed with a wrongful death lawsuit after a judge found sufficient evidence that his constitutional rights were violated. U.S. District Judge Terrence Boyle rejected a request ...

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NEW YORK (AP) — The warrantless use of a controversial cellphone tracking device in a criminal investigation is unconstitutional, a federal judge ruled Tuesday as he tossed out evidence seized during an international drug investigation. U.S. District Judge William H. ...

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State v. McKinney (Lawyers Weekly No. 15-06-0832, 10 pp.) (Robert Edmunds Jr., J.) Appealed from Guilford County Superior Court (Patrice Hinnant & William Wood Jr., JJ.) On discretionary review from the Court of Appeals. N.C. S. Ct. Holding: Although a ...

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State v. Allah (Lawyers Weekly No. 14-07-0851, 17 pp.) (Robert N. Hunter Jr., J.) Appealed from New Hanover County Superior Court (W. Douglas Parsons, J.) N.C. App. Holding: Since defendant’s wife – the holder of their store’s ABC permits – ...

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State v. Bernard (Lawyers Weekly No. 14-07-0853, 23 pp.) (Donna Stroud, J.) Appealed from Guilford County Superior Court (David Hall, J.) N.C. App. Holding: Where defendant sent a fraudulent email through the North Carolina A&T computer servers on the campus, ...

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State v. Granger (Lawyers Weekly No. 14-07-0665, 17 pp.) (Chris Dillon, J.) Appealed from New Hanover County Superior Court (William Pittman, J.) N.C. App. Holding: Exigent circumstances justified a warrantless blood draw when, (1) more than an hour after his ...

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District attorneys and solicitors frequently ask for the arresting officer’s advice when making a plea offer to a defendant. In Sidebar’s experience, officers tend to feel more charitable toward certain defendants than others. We’ll leave it to you to determine ...

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State v. Oates Even though the application for a warrant to search defendant’s house was based in part on anonymous tips, SBI Agent Eason independently confirmed the tipster’s statements that defendant’s stepson was known as “Poppy” and resided in New York, the stepson was on federal probation in New York as a result of drug charges, the stepson had prior drug charges in North Carolina, the stepson was present at defendant’s home at 451 McKoy Street in Clinton, and defendant “had killed someone.

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State v. Clark Even though our Supreme Court upheld a warrant that recited the time and date of the offense in State v. Coker, 312 N.C. 432, 323 S.E.2d 343 (1984), this does not mean that a warrant must allege the time of the offense.

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State v. McCain Defendant was indicted for trafficking by possession of cocaine, but he was convicted of possession with intent to manufacture cocaine. Since possession with intent to manufacture cocaine includes an element - intent to manufacture - that is not an element of trafficking by possession of cocaine, this was error. However, the jury's determination is sufficient to support a conviction of possession of cocaine, which is a lesser included offense of trafficking by possession of cocaine.

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