Court of Appeals
In re: Simmons
Foreclosure, NC. R. Civ. P. 60(b); void order; trustee neutrality; notice of neutrality.
In re: A.O.
Juvenile petition; Self-incrimination; Privilege against self-incrimination; N.C. Gen. Stat. § 7B-2405; 5th Amendment.
Gouch v. Rotunno
Lack of meaningful appellate review; Failure to include transcript; Written Order Controls; Jurisdiction; Rule 12(b)(2); Rule 12(b)(6).
Court of Appeals Unpublished Opinions Filed October 4, 2022
Court of Appeals Published Opinions Filed October 4, 2022
State v. Zabiane Williams
Murder; rape; arson; burglary; exclusion of evidence of third-party guilt; constitutional right to present defense; acting in concert theory; harmless beyond a reasonable doubt
State v. Whitaker
Joinder; Joinder of offenses; Transactional connection; Single scheme or plan; N.C. Gen. Stat. § 15A-926(a); Prejudice; Same location; Same victim; Same defendant; Modus Operandi; Abusive relationship; Lapse in time; 404(b); Rape; Assault; Assault with deadly weapon; AWDWISI
State v. Shawn Beau Croteau
statutory rape and indecent liberties with a child; motion to dismiss; corpus delicti ('body of the crime'); strong corroborative evidence of Defendant's extrajudicial confession; bench trial; affirmed
State v. Joseph Ngigi Kariuki
motion to dismiss; insufficiency of the evidence; first-degree forcible rape; serious personal injury; jury instruction; constructive force; mental defect
State v. Hayes
Entrapment defense, entitlement to jury instructions on entrapment, prejudicial error