This post summarizes published criminal opinions by the North Carolina Court of Appeals released on October 6, 2020. (1) Trial court’s instructions that the jury “will determine what the assault…
…or her perception that are helpful to the finder of fact. Opinions based on specialized knowledge derived from experience or training, in contrast, are defined as expert opinions within the…
…concerning the experts’ opinions on those issues. See generally G.S. 15A-903 (requiring that the State give notice of its experts, any examinations or tests they conducted, their CVs, their opinions,…
…that fentanyl was both an opioid and an opiate. In an unpublished opinion (“Gibbs I”), the Court of Appeals ruled this was error, reversing a conviction for trafficking by possession….
…level.” State v. Felton, 167 N.C. App. 807 (2005) (unpublished); see also State v. Hayes, 171 N.C. App. 515 (2005) (unpublished) (“Contrary to defendant’s assertion, nothing in N.C. Gen. Stat….
…was the children’s therapist; the decision describes him as such and notes that the female child saw Harris for eighteen therapy sessions. Another unpublished case supports the notion that a…
…Perry, 2011 WL 3629231 (Mich. Ct. App. Aug. 18, 2011) (unpublished) (affirming a conviction for resisting and obstructing a police officer where the defendant “attempted to close the door and…
…or unpublished, it appears that any unconsented touching is a battery, and that any battery is an assault. See, e.g., State v. West, 146 N.C. App. 741 (2001) (noting that…
…661 (2023) (unpublished) (concluding that hospital tested the defendant’s blood following his crash for treatment purposes and that results were nontestimonial); State v. Howard, 237 N.C. App. 617 (2014) (unpublished)…
…higher” than their natural class, capped at Class C. G.S. 14-7.6.) See State v. Hayes, 2005 WL 1669612 (N.C. Ct. App. July 19, 2005) (unpublished) (the defendant pled guilty to…
