…N.C. App. 161 (2011). A waiver of the right to be present at sentencing will not be implied, but a defendant may expressly waive it—at least in some cases. Under…
…finding that the rental car company had validly consented, that the defendant abandoned any expectation of privacy in the vehicle, and that the gun would have been inevitably discovered. The…
…least amounted to “an implied argument” that his sentence violated constitutional protections. Even if the argument was not preserved, the defendant asked the court to invoke Rule 2 of the…
…the jury regarding judicial impartiality, and stated “the jurors would not have gone into the jury room thinking the judge had implied any opinion by having the prosecutor give part…
…patient abuse to include certain culpably negligent conduct). For other offenses, the courts have held that the requisite intent can be implied from culpable negligence. Jones, 353 N.C. at 166…
…of Appeals has complete discretion to grant or deny defendant’s petition, regardless of Rule 21. Additionally, the Court explicitly overruled any precedent that held or implied that the Court of…
…that the plaintiff submit to a strip search and obtained written consent to do so. Finding no contraband, the plaintiff was allowed to complete her visit. The district court granted…
…or private property, without consent. It contains several exceptions for law enforcement, including surveillance with a warrant, under exigent circumstances, or of “gatherings to which the general public is invited.”…
…she (1) (a) confines, (b) restrains, or (c) removes from one place to another (2) a person (3) (a) without the person’s consent or, (b) if the person is under…
…woman was acting nervously. She refused consent to allow the officers inside. The officers nonetheless entered the apartment and found the defendant in a back bedroom. Cocaine and firearms were…
