What Happens When the Jury Is Instructed on the Wrong Theory?
Suppose the trial court, over the defendant’s objection, instructs the jury on a theory of a crime that is not supported by the evidence. Is the defendant entitled to automatic […]
May 13, 2014
My Girlfriend’s AK-47
The court of appeals just reversed a defendant’s conviction for possession of a firearm by a convicted felon. It’s a case with interesting facts that raises questions about whether the […]
December 5, 2012
Man’s Constructive Possession of the Contents of a Woman’s Purse
May a man be held criminally responsible for the contents of his girlfriend’s purse? Yes, on the facts of State v. Mitchell, the court of appeals ruled yesterday. In Mitchell, […]
June 6, 2011
Interesting Constructive Possession Case
The last batch of opinions from the court of appeals included a really interesting constructive possession case.The facts of State v. Slaughter, __ N.C. App. __ (2011), are as follows. […]
November 1, 2010
Constructive Possession of Drugs
One of the most frequently litigated issues in North Carolina drug cases is constructive possession. Jeff wrote about one case (here) over a year ago. My research shows no less […]
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