State v. Mosley, Murder, and Depraved Heart Malice
Darian Mosley’s sentence for second degree murder was vacated last week because the jury did not specify whether he acted with (1) hatred, ill-will or spite, (2) intentionally and without […]
July 6, 2017
Murder Charges and the Opioid Epidemic
Jeff wrote on Monday about efforts by North Carolina government officials to combat the opioid epidemic.The initiatives he highlighted, such as addiction treatment and needle exchange programs, primarily attack the […]
March 21, 2017
Mistrial Leads to Double Jeopardy Violation in State v. Schalow
In State v. Schalow (Dec. 20, 2016), the trial court’s error in declaring a mistrial led to a successful claim of double jeopardy by the defendant and allowed him to […]
October 31, 2011
State v. Pierce: Malice and Foreseeability in Death by Vehicle Prosecutions
The court of appeals’ recent decision in State v. Pierce, __ N.C. App. __ (October 18, 2011), analyzed whether a defendant could properly be convicted of second degree murder for […]
March 28, 2011
When Does DWI Resulting in Death Amount to Second Degree Murder?
Jeff wrote here about a recent high-profile case in which a defendant, Raymond Cook, was charged with multiple felony offenses after he drove while impaired and crashed into a young […]
December 6, 2010
State v. Davis: Rule 404(b) and Remote Convictions
I wrote here about the court of appeals’ recent ruling in State v. Davis that expert testimony calculating the defendant’s alcohol concentration based on odor alone was improperly admitted at […]
December 14, 2009
Murder by Drugs
Our murder statute, G.S. 14-17, defines first-degree murder, then proceeds as follows: “All other kinds of murder, including that which shall be proximately caused by the unlawful distribution of opium […]
November 16, 2009
Using Other Bad Acts to Prove Malice in a Vehicular Homicide Case
Among the most recent batch of opinions issued by the Court of Appeals was State v. Tellez, in which the court upheld the defendant’s conviction of two counts of second-degree […]
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