…an ignition interlock violation should take care to ensure that the charging document sets forth the correct theory for the G.S. 20-28(a) offense and that the jury instructions set forth…
…kills another person by administering an overdose of a controlled substance is guilty of first-degree murder, both on the premeditation and deliberation theory and on the murder by poison theory….
…that the simpler analysis—the product was sourced from hemp and is therefore legal—is the prevailing view, in practice if not in theory. What about NC Law? Unlike the federal definition…
…the money in his account. The Supreme Court recognized another theory of trespass, reversed the Court of Appeals, and upheld the defendant’s larceny conviction. The Supreme Court found that the…
…have consistently exercised peremptory challenges in a race-neutral way. There are studies and data that contradict this theory, however. See id. North Carolina trial judges have been upholding Batson claims…
…evidence, the second-degree murder conviction could not be supported on a theory of intoxication. (2) However, the court concluded over a dissent that there was sufficient evidence of the defendant’s…
…it was not for the judge to determine whether Hemphill’s theory that Morris was the shooter was unreliable, incredible, or otherwise misleading in light of the State’s proffered, unconfronted plea…
…the theory or technique upon which the expert relies has been tested, whether it has been subject to peer review or publication, the known or potential rate of error, and…
…Although defendant was in a separate car from the contraband, he was liable under the acting-in-concert theory for purposes of trafficking by possession and trafficking by transportation charges. State v….