Appellate Court Opinions

Assault with a deadly weapon with intent to kill inflicting serious injury; assault inflicting serious bodily injury; assault inflicting serious injury; ex mero motu intervention; grossly improper closing argument; closing argument demonstration; lesser included offense; double jeopardy; multiple punishment.

motion to dismiss for insufficient evidence; felony speeding to elude arrest; aggravating factors; habitual felon status; jury instructions; sentencing.

motion to dismiss; jury instruction; defense of accident; ineffective assistance of counsel; no prejudicial error.

SBM; No-merit review

Heroin trafficking; jury instructions; evidence admission; plain error.

extortion; conspiracy; motion to dismiss

No error; objection; closing arguments; prejudice; essence; abuse of discretion; murder

Probation Violation; Absconding; Jurisdiction for Probation Revocation Hearing; N.C.G.S. § 15A-1344(f); Good Cause Shown and Stated.

Weapon of mass destruction; substantial evidence.

Fiduciary relationship; Evidence Rule 404(b); prejudice.

Lay-witness testimony; ineffective assistance of counsel.

N.C. Gen. Stat. § 15A-1233(a); transcript review; discretion; prejudice

reasonable suspicion, motion to suppress, General Statute 20-127(b)

First-degree murder; premeditation and deliberation; flight; jury instructions; grossly excessive force; brutal or vicious circumstances; no error

Jury instructions on excessive force, Castle Doctrine, traditional self-defense, circumstances not invited error, plain error review

Mistrial; child abuse; kidnapping; substantial evidence; AOC intepreter standards.

notice of appeal, dismissal, Rule 4

capacity proceeding; motion to dismiss; conspiracy to commit felony breaking and entering; jury trial waiver; preservation

N.C.R. Evid. 404(b), 403; restitution as a condition of probation, N.C.G.S. § 15A-1343(d); obtaining property by false pretenses; N.C.G.S. § 14-100(a).

Expert witness testimony; Rule 702; Abuse of discretion.