Friday, April 12, 2013

NC Supreme Court Decisions, April 12, 2013

State v. David Allen Carter.  COA reversed lifetime satellite-based monitoring and 1 count (of 2) of 1st degree sex offense, based on failure to give jury instruction on lesser.

Held: Not plain error on lesser of attempt, where victim said that the defendant both put his penis "on her" and "in her."

State v. Kenith Donnell Miles.  Per curiam affirmed.
 
State v. Kenneth Earl Griffin. Held: Reasonable suspicion for valid stop in DWI case where defendant stopped in the middle of the roadway and turned away from a license checkpoint.

COA reversed, finding that the checkpoint was unconstitutional. SC said, regardless of whether or not the checkpoint was legal, someone turning around in the middle of the road to avoid it gives reasonable suspicion.

Beasley Dissents.






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