Stay updated with breaking news from Criminal Practice. Get real-time updates on events, politics, business, and more. Visit us for reliable news and exclusive interviews.
Defense counsel moved to dismiss several of the charges brought against defendant but not the one defendant challenges on appeal: trafficking in opiates by possession. Consequently, defendant has not preserved for appeal his argument that the trial court erred in failing to dismiss this charge. In any event, defendant argues the charge should have been
While searching a parking lot for a suspect who had fled on foot, wearing dark multi-color jeans, Goldsboro Police Corporal Michael Rivers was armed with an AR-15, a handgun and a taser. He called out to defendant, who was wearing multi-colored jeans. Defendant walked to him as requested and, after answering his questions, walked away.
Defendant caused a fatal accident around the time of a police-department shift change, leaving the investigating officer without assistance. It took significant time for him to investigate the scene of the accident, and he testified that going to the magistrate’s office to get a warrant would have added at least another hour for suspected alcohol,
In support of a charge of felony speeding to elude arrest, the state presented the arresting officer’s testimony that (1) defendant sped through an area in which the posted speed limit was either 35 or 45 mph, (2) the officer believed the speed limit was 45 mph, (3) he was traveling at a high rate
Defendant appeals (1) the admission of evidence that he confessed to owning a bookbag which contained a digital scale and a lockbox and (2) the trial court’s initial refusal to allow defendant to elicit testimony from a law enforcement officer that defendant had disclaimed ownership of the lockbox, which contained drugs and paraphernalia. However, defendant