…provides that opportunity and preserves the defendant’s rights. State v. Williams, 41 N.C. App. 287 (1979). Now, to this month’s two opinions from the Court of Appeals. The first, State…
This post summarizes opinions issued by the North Carolina Court of Appeals on August 18, 2020. The trial court’s inquiry of the defendant regarding her waiver of counsel satisfied the…
This post provides summaries of the opinions of the Supreme Court of North Carolina published on August 16, 2019. (1) The trial court erred when it admitted the defendant’s affidavit…
…that “a utility knife is a dangerous or deadly weapon.” Id. at 116. The court relied on earlier opinions stating that when “the alleged deadly weapon and the manner of…
…opinions are the guide, the court’s characterization of the theory as novel hits the mark. My research failed to reveal any case relying on such an extrapolation. Indeed, an appellate…
…(unpublished) (omission of the word “Road” from the name of the school PTA from which defendant was alleged to have embezzled money did not create fatal variance from proof at…
The Supreme Court of the United States issued two noteworthy opinions yesterday. In United States v. Comstock (a case that originated out of North Carolina) the Court reversed the Fourth…
…finding is that Justice Thomas’s opinions “contain language from briefs submitted to the court at unusually high rates.” The article contains a number of qualifications and caveats, but it does…
…victim’s statements to responding officers were non-testimonial. In this post, I will explore the majority opinion. In my next post, I will summarize the other opinions, focusing on Scalia’s dissent….
…was not the full legal name of the entity that suffered the loss. I noted then that Brawley was one in a series of recent state supreme court opinions rejecting…
