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Search Results for: unpublished opinions

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Case Summaries: N.C. Court of Appeals (April 16, 2024)

April 18, 2024 Alex Phipps

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on April 16, 2024. These summaries will be added to Smith’s Criminal Case Compendium, a…

Categories Case Summaries Tags case summaries, court of appeals of north carolina, North Carolina Court of Appeals
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The Latest on McNeely and Implied Consent

December 9, 2015December 9, 2015 Shea Denning

…breath is constitutionally permissible, determining that such searches are a permissible search incident to arrest. See State v. Bernard, 859 N.W.2d 762 (Minn. 2015). Here’s the update. Two recent opinions…

Categories Motor Vehicles, Search and Seizure, Uncategorized Tags bobeck, consent, implied consent, Missouri v. McNeely, state v. won 4 Comments
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Where can I find the definition of a North Carolina crime?

January 20, 2021 Tom Thornburg

…think of common law as old law handed down from England. In truth, court opinions have modified original common law and statutes over the years, and continue to do so…

Categories Uncategorized Tags burglary, common law, elements of crimes, legislation, legislative history, north carolina crimes, statutes Leave a comment
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Case Summaries – N.C. Court of Appeals

August 30, 2019August 7, 2019 Christopher Tyner

Continuing our new practice of posting North Carolina appellate court case summaries to the blog, this post provides summaries of the North Carolina Court of Appeals opinions published on August…

Categories Uncategorized 8 Comments

News Roundup

December 31, 2015March 18, 2009 Jeff Welty

The Court of Appeals released a number of opinions yesterday. Bob Farb will undoubtedly release his inimitable summaries shortly — to sign up to receive the summaries by email, go…

Categories Procedure, Search and Seizure, Uncategorized Tags budget, jurors Leave a comment
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Case Summaries: N.C. Court of Appeals (Sept. 3, 2024)

September 5, 2024 Alex Phipps

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on September 3, 2024. These summaries will be added to Smith’s Criminal Case Compendium, a…

Categories Case Summaries Tags case summaries, N.C. Court of Appeals, North Carolina Court of Appeals

Good Fences Make Good Neighbors

October 11, 2017June 3, 2009 Jeff Welty

The Court of Appeals released several opinions yesterday. The most significant may be State v. Wallace, an assault case involving remarkable and disturbing facts and difficult legal questions. The victim,…

Categories Crimes and Elements, Uncategorized Tags assault, deadly weapon, serious injury 1 Comment

Satellite-Based Monitoring Is not Punishment

May 23, 2011October 19, 2010 Jamie Markham

I was out of the office when the Supreme Court of North Carolina released its latest batch of opinions, so I’m just now getting around to writing about big news…

Categories Sentencing, Uncategorized Tags bowditch, ex post facto, satellite, satellite based monitoring 1 Comment
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Can I Get Some Relief Here?

October 23, 2013 Shea Denning

…the defendant during the crucial period in which friends and family could have observed him to form opinions as to his condition following arrest. See State v. Ham, 105 N.C….

Categories Evidence, Motor Vehicles, Search and Seizure Tags DWI, motion to dismiss, motion to suppress, State v. Knoll, suppression Leave a comment
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Case Summaries: N.C. Supreme Court (April 28, 2023) and N.C. Court of Appeals (May 2, 2023)

May 4, 2023 Alex Phipps

This post summarizes one published criminal opinion from the Supreme Court of North Carolina released on April 28, 2023, and three published criminal opinions from the North Carolina Court of…

Categories Case Summaries Tags case summaries, N.C. Court of Appeals, NC Supreme Court, North Carolina Court of Appeals, north carolina supreme court
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