Court of Appeals

, Court of Appeals , COA22-339 (Judge Richard Dietz) , Published
State v. Wilkins

Statutory competency hearing under N.C. Gen. Stat. 15A-1002; distinction between nonwaivable constitutional competency issues and waivable statutory competency issues

, Court of Appeals , COA20-908 (Judge Hunter Murphy) , Published
State v. Norris

Instructional error versus fatal variance, solicitation mens rea, failure to intervene.

, Court of Appeals , COA22-227 (Judge Lucy Inman) , Published
State v. Hester

series of break-ins at a nonoperational plant; Harbison violation; defense counsel admitted to lesser-included offenses of misdemeanor breaking and entering and misdemeanor possession of stolen goods during closing argument; caught or in the act; remand for evidentiary hearing to determine if Defendant knowingly consented in advance of admissions; remaining claims for ineffective assistance of counsel dismissed without prejudice to filing a motion for appropriate relief below

, Court of Appeals , COA22-243 (Judge Lucy Inman) , Published
State v. Taylor

Lay Witness Identification; Motion to Dismiss; Sufficiency of the Evidence; Plain Error; Right Against Self-Incrimination

, Court of Appeals , COA22-527 (Judge Allegra Collins) , Published
State v. Byrd

motion to suppress properly denied; probable cause supported search warrant; search of a cell phone;

, Court of Appeals , COA21-561 (Judge Hunter Murphy) , Published
State v. Reavis

Locational elements of criminal offenses, misdemeanor statement of charges, weapon at a demonstration.

, Court of Appeals , COA22-241 (Judge Hunter Murphy) , Published
State v. McVay

Motion to dismiss, indictment, surplusage, special jury instruction, preservation.

, Court of Appeals , COA21-612 (Judge Hunter Murphy) , Published
State v. Boyette

Entry and rendition of judgment, probation revocation, search.

, Court of Appeals , COA22-433 (Judge Hunter Murphy) , Published
Kozec v. Murphy

Child custody modification; misapprehension of law; authentication and admissibility of child protective services documents.

, Court of Appeals , COA22-407 (Judge Allegra Collins) , Published
Askew v. City of Kinston

direct constitutional claims; administrative remedies; exhaustion; subject matter jurisdiction

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