…the matter. In deciding whether a delay is reasonable, courts examine “the reason for the delay, the length of the delay, whether the defendant consented to the delay, and any…
…from a search of the defendant’s purse when officer testified that the defendant voluntarily consented to the search, notwithstanding contradictory testimony from the defendant. State v. Hall, ___ N.C. App….
…and subsequent precedent, a violation of the defendant’s constitutional right to counsel occurs whenever defense counsel expressly or impliedly admits guilt without the defendant’s consent, and this violation does not…
…consent because the evidence did not show the victim consented to an assault inflicting serious bodily injury and arguably did not consent to an assault all. (2) At sentencing, the…
…possession of defendant’s cell phone could consent to its search; loss of body cam video was not bad-faith destruction of evidence; convictions for witness tampering and obstruction of evidence did…
…at the rear of the vehicle and spreading his arms and legs before asking for consent. To the extent Miller consented under these facts (which the court found wasn’t clear),…
…service requested by the person Defenses Consent One defense to a cyberstalking by tracking charge is consent. A defendant would have to show that the person being tracked consented to…
…deadly weapon with intent to inflict serious injury—is either actual intent to inflict injury or culpable negligence from which such intent may be implied. Culpable (or criminal) negligence is recklessness…
…new trial. Defendant made implied demand by tapping on car window with a gun and telling victim to open the door; multiple shots fired at the victim allowed the inference…
…and his comments that the evidence could not be found because he burned the body and that he was too smart to be caught constituted an implied admission). An example…