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The Keith Clarke murder case has been pushed back to March 23 for trial. In court on Friday it was decided to allow Director of Public Prosecutions (DPP) Paula Llewellyn time to present a letter ...
Defendant’s probation expired 700 days prior to the probation revocation hearing, and the trial court made no finding of good cause to revoke defendant’s probation after expiration of his probationary term. When the trial court fails to make a finding of good cause under G.S. § 15A-1344(f)(3), this court may only remand where the record ...
A review of the legislative history of G.S. § 14-178 and case law concerning incest shows that our General Assembly did not intend to criminalize sexual relations between a niece and uncle who are related only by marriage. We vacate defendant’s conviction for incest. We remand for resentencing and for correction of a clerical error. ...
At defendant’s sentencing hearing, the trial court erred by relying on the prosecutor’s description of defendant’s jailhouse phone call in which he urged a third party to offer the complaining witness money not to come to court. However, defendant has not shown prejudice. During sentencing, defense counsel admitted the existence of a recording of the ...
Where defendant stole two cellphones from the same place at the same time and kept both of them until he was divested of both, under G.S. § 14-71.1 and State v. White, 322 N.C. 770, 370 S.E.2d 390 (1988), defendant could only be sentenced for one count of misdemeanor possession of stolen goods. The trial ...