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When officers arrived at defendant’s house for a routine probation visit, defendant acted suspiciously. He attempted to conceal a number of items on a nightstand that he identified as being on “his side of the bed.” When asked about anything “in the residence that was cause for concern for officers or that he knew would ...
In past cases, our Supreme Court has allowed cross-examination of a prosecution witness about the witness’s past mental health issues under N.C. R. Evid. 611(b); however, the Supreme Court has not eliminated a trial court’s discretion to conduct the balancing test set out in N.C. R. Evid. 403. Here, prosecution witness “Alicia” was 17 when ...
Even though defendant argues that a dash cam video shows no evidence of him breathing heavily when a state trooper asked him about his arrest history, the trooper testified that “you can look at the shirt, and elevated breathing, it’s visible through a T-shirt. It’s visible through some button-up shirts where the person starts breathing ...
After entering an Alford plea to multiple breaking and entering and theft charges, defendant was sentenced to prison. Thereafter, defendant filed at least 42 pro se motions requesting (1) production of a “stenographic transcript” and taped audio recording of his plea hearing, (2) the return to defendant of certain evidence seized pursuant to a search ...
When defendant was initially sentenced for interfering with an electronic monitoring device, the trial court recommended Advanced Supervised Release (ASR); however, the Department of Public Safety noted that the sentencing range was incorrect. When the trial court corrected the sentencing range, it failed to recommend ASR. The state concedes that this was a clerical error. ...