Monday, May 4, 2009

NC Supreme Court Decisions, May 1, 2009

NC Supreme Court Criminal Decisions

N.C. Dep't of Corr. v. N.C. Med. Bd., (51PA08). Medical Board lacks authority to discipline doctors for participating in executions. See longer post, here.

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State v. McArthur, (363PA08). Digged (discretionary review improvidently granted).

State v. Bollinger, (449A08). Per curiam affirmance of opinion below. See opinion below here. Opinion below found it harmless where judge instructed jury on possession of concealed weapon that defendant carried knives, where the indictment charged him with carrying brass knuckles. Post on Ct. of Appeals case available here.

State v. Byrd, (499A07). Under NC sentencing rule, Defendants get an enhanced sentence where they commit an assault in knowing violation of a valid domestic violence protection order. The Court found that a restraining order, issued under Rule 65 of Civil Procedure in a divorce matter, is not a valid domestic violence protection order, subject to enhancement. To be a valid domestic violence protection order, it must be entered under Chapter 50B, in a domestic violence restraining order proceding, not as an injunction or TRO in other civil forms.

State v. Rollins, (138PA08). Issue presented: does the marital testimonial privilege apply to statements between spouses in public visiting areas of correctional institutions? Answer: no, because there is no reasonable expectation of privacy in such settings, as the privilege only applies to "confidential communications."

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