Appellate Court Opinions

Motion to dismiss, contract to sell and purchase, time is of the essence, reasonable time to close the sale and purchase, property. 

motion to suppress evidence; traffic stop; Terry frisk; drugs; firearms; search incident to a lawful arrest; totality of the circumstances

judicial review of defendant’s sentence pursuant to N.C.G.S. § 15A-1380.5; discretionary recommendation; statutory mandate; reviewed on appeal for an abuse of discretion.

lay witness testimony; identification; surveillance footage; plain error review

Sufficiency of evidence of intent to sell or distribute controlled substance; rule 404(b) character evidence used for purpose of establishing case circumstances, not for propensity; invited error

continuance; no structural error; jury instruction; failure to instruct the jury; no plain error; knowledge of controlled substance; trafficking by possession

attempted second-degree rape; first-degree burglary; plain error review; deceased victim’s statements as substantive evidence; hearsay; past recorded recollections; biometric evidence; invited error; overwhelming evidence of guilt

motion to suppress evidence; traffic stop; reasonable suspicion; vehicle search; extension of traffic stop; request to search; consent to search

possession of a firearm by a felon, habitual felon status, admissibility of testimony, lay opinion testimony, law enforcement officer testimony, prejudice, ineffective assistance of counsel, IAC, cumulative error, plain error.

habitual felon status; guilty plea; no statutory right to appeal

possession of a firearm by a felon; cross-examination about prior convictions; N.C. R. Evid. 609(a); plain error review

Sufficiency of evidence to prove identity; proper jury instruction on acting in concert; ex mero motu intervention; ineffective assistance of counsel

driving while impaired; motion to suppress; probable cause

closing argument, grossly improper, trafficking in cocaine

possession of a firearm by a felon; resisting a public officer; jury instruction; defense of necessity; justification defense; ineffective assistance of counsel

Sufficiency of the evidence; fatal variance; sex acts with a student; date or time of the offense; time not of the essence of the offense

Hearsay; plain error; clerical error

sentencing; concurrent; consecutive; trial court; statutory; sex; offense; oral; verbal; written.

motion to suppress, evidence, cocaine, narcotics, drug paraphernalia, Chore Boy, weapons, traffic stop, unlawful extension of traffic stop, Fourth Amendment, reasonable suspicion, incriminating circumstances, consent, preservation of objection, plain error, findings of fact, competent evidence, prejudice, ineffective assistance of counsel, IAC.

driving while impaired, right to a speedy trial, Barker analysis