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Criminal Practice – Constitutional – Right to Counsel – Admission of Guilt – Defendant's Consent – Larceny - Vimarsana News

Criminal Practice – Constitutional – Right to Counsel – Admission of Guilt – Defendant's Consent – Larceny

Where defendant consented to his counsel’s admission of guilt to misdemeanor larceny, and where counsel admitted that defendant took items from a store clerk but did not threaten him, defendant was not deprived of his Sixth Amendment right to counsel. We find no error in defendant’s convictions of larceny from the person and attaining the ...

Criminal Practice – Search & Seizure – Supporting Affidavit – Statements against Interest – Notice of Appeal - Vimarsana News

Criminal Practice – Search & Seizure – Supporting Affidavit – Statements against Interest – Notice of Appeal

In the affidavit supporting his application for a warrant to search defendant’s home, a police officer relayed information gleaned from his face-to-face interview with a witness, Rynesha Green, who described her own actions in driving defendant to and from the locations of vehicle break-ins and thefts as well as her presence when defendant used stolen ...

Criminal Practice – Constitutional – Confrontation Right – Unavailable Witness – Probable Cause Hearing Testimony - Vimarsana News

Criminal Practice – Constitutional – Confrontation Right – Unavailable Witness – Probable Cause Hearing Testimony

At the time of defendant’s trial for kidnapping and attempted human trafficking of a minor, the state was unable to find the victim, “Amy.” Over defendant’s objection, the trial court allowed the state to enter into evidence Amy’s testimony from defendant’s probable cause hearing. Where (1) after the probable cause hearing, the state increased the ...

Criminal Practice – DWI – Expert Testimony – Reliability | North Carolina Lawyers Weekly - Vimarsana News

Criminal Practice – DWI – Expert Testimony – Reliability | North Carolina Lawyers Weekly

Even though the prosecution’s chemist relied upon raw data generated by other SBI analysts, the testifying chemist conducted his own independent analysis of the data in accordance with SBI procedures and methodology. An expert may base his opinion on the research of another analyst provided the expert performs his own independent analysis of the research. ...

Criminal Practice – Murder – Accomplice Testimony – Plea Agreement – ME's Testimony - Vimarsana News

Criminal Practice – Murder – Accomplice Testimony – Plea Agreement – ME's Testimony

While it is improper for counsel to ask a witness whether he has in fact spoken the truth during his testimony, counsel does not improperly vouch for the credibility of a witness by merely providing the jury a reason to trust their witnesses. Here, the prosecutor asked whether a witness’s plea agreement and his agreement ...