…argument about constructive possession, the court explained that even if the theory of constructive possession was not justified by the evidence admitted, overwhelming evidence in the record supported that defendant…
…in Arizona v. Gant that significantly restricted an officer’s authority, based on the theory of search incident to arrest, to conduct a search of the passenger compartment of a vehicle…
…Id. at 22. However, because defendant was also convicted under the premeditation and deliberation theory, this error did not merit a new trial. Defendant was not required to give advance…
…on a theory of “substantial similarity”? No. The substantial similarity analysis of G.S. 15A-1340.14(e) (described here) applies only to prior “convictions” in another jurisdiction when the other jurisdiction classifies the…
…N.E.2d 285 (Mass. 2010), a somewhat similar instruction was criticized. The defendant in Seng was charged with murder, and defended the case on the theory that the police had focused…
…charges of murder by torture, felony murder, and felony child abuse. Slip Op. at 63-64. Similarly, the defendant’s theory of the case (i.e., that the head injury was accidental, that…
…justices rejected that reasoning, but disagreed as to whether the statement was testimonial) (discussed in detail here). The North Carolina Supreme Court had held such testimony admissible under the theory…
…police. More gruesome details are available here. The current theory seems to be that the assailant was high on bath salts, a category of synthetic drug that has proven difficult…
…day’s worth of a prescription, on the theory that one day is less than 30.) There is no express statutory authorization to charge a fee for over-the-counter medications. For both…
…court division; thus, the district court judge is the appropriate judge to modify conditions under G.S. 15A-539(a). Under this theory, a case is not “before the superior court” for purposes…
