…denied the MAR, finding that “Graham County Schools” implied the actual ownership of “Graham County Board of Education.” Slip Op. at 2-3. The court explained that North Carolina law does…
…imposed by a district court in an implied consent case is vacated upon the defendant’s giving notice of appeal to superior court. Thus, under current law, a new sentencing hearing…
…with impaired driving, the officer had reasonable grounds to believe Edwards committed that offense, that Edwards was notified of her implied consent rights, and that Edwards willfully refused to submit…
…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…
…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…
…court explained that implied concessions of guilt must be based on statements that “cannot logically be interpreted as anything other than an implied concession of guilt.” Slip Op. at 16-17,…