…N.C. 243; Braswell, 312 N.C. 553; Huff, 325 N.C. 1; State v. Hayes, 291 N.C. 293 (1976). A waiver of the right to be present may be express or implied….
…free and searchable database of case summaries from 2008 to the present. Trial court’s procedure for consenting to defendant’s waiver of jury trial complied with G.S. 15A-1201(d)(1) and did not…
…lack of consent and intent. The trial court also conducted a Rule 403 balancing test and concluded that the proffered evidence was sufficiently similar and close in time to be…
…pursuant to the state’s implied consent laws. Certainly, an officer could not intentionally delay such request in order to rely on an exigency of his or her own making, but…
…with the group attack theory, and saw the group attack theory as impregnable: The problem for petitioners is that their current alternative theory would have had to persuade the jury…
…where they were taken. The trial judge admitted the photographs on the theory that they were Facebook’s business records and a jury convicted Farrad. He appealed, pressing the same basic…
…theory and the State’s theory. Though the CI was a direct participant in the crime alleged and was present on scene, the Court of Appeals upheld the trial court’s decision…
…an expert in repressed memory. Pope testified that the theory of repressed memory is not generally accepted in the scientific community. Chu disagreed. The trial court granted the motion to…
…short form murder indictment need not allege any theory. See State v. Braxton, 352 N.C. 158, 175, 531 S.E.2d 428, 438 (2000), cert. denied, 531 U.S. 1130, 148 L. Ed….
…no common purpose or criminal intent on her part. I think the best answer is the rarely mentioned “other” theory of principal liability we have in North Carolina: Acting Indirectly,…
