Evidence Cases
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Evidence

Supreme Court of North Carolina
Uncategorized

Wingate — Expert testimony and incorrect statutory citation did not require a new trial

The Supreme Court reversed on both points. Even assuming portions of the expert testimony crossed the line, Wingate could not show plain error—that the jury probably would have reached a different result without it. The indictment’s factual allegations and the circumstances gave adequate notice despite the incorrect statutory citation.

Supreme Court of North Carolina
Uncategorized

Norris — Total circumstances supported constructive possession of firearm

The Supreme Court held that the Court of Appeals failed to view the evidence in the light most favorable to the State. Occupancy, proximity, control of the premises, and Norris’s suspicious movement together supplied incriminating circumstances from which a jury could find constructive possession. The Court reversed and remanded for consideration of remaining appellate issues.

Court of Appeals of North Carolina
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Lofton — Ambiguous dismissal did not eliminate assault conviction before sentencing

The Court of Appeals read the form and surrounding record as showing an effective dismissal only of the habitual-felon matter, not the jury’s assault verdict. The trial court had expressly held sentencing open, so it retained authority to enter judgment on the assault conviction. Evidence that Lofton took a route requiring him to jump a fence and discarded clothing while officers pursued him supported the flight inst

Court of Appeals of North Carolina
Uncategorized

Johnson — Court rejects evidentiary and trial-management challenges to statutory-rape conviction

The Court of Appeals found no reversible error. The trial judge acted within the broad discretion used to manage voir dire and questioning, including limited leading questions to a minor testifying about sexual abuse. The panel found no plain error in the challenged evidence and no gross impropriety requiring intervention during argument. Because evidence admitted without reversible error could be discussed in closin

Court of Appeals of North Carolina
Uncategorized

Howze — Secondary DNA comparison did not require a new warrant after lawful seizure

The Court of Appeals upheld denial of suppression. Evidence in plain view could be seized where officers were lawfully present and its evidentiary significance was immediately apparent in the violent-crime investigation then underway. Relying on North Carolina precedent involving later comparison of lawfully obtained genetic material, the panel also held that secondary DNA analysis imposed no new physical intrusion a

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