Thursday, June 13, 2013

NC Supreme Court Decisions, June 13, 2013

State v. Boyd. Per curiam reversal.

Decision Below: Appeal of 1st degree burglary, second degree kidnapping, sexual battery and habitual felon, on remand from the Supreme Court. Found it was plain error for the court to instruct on 2d kidnapping on a theory of removal, because it was unsupported by the evidence. Defendant was indicted on kidnapping on a theory of confining and/or restraining. Judge instructed also on removing. Being forced to sit on the defendant's lap does not constitute removal for kidnapping purposes. This was still plain error, even though court instructed on multiple theories of kidnapping.

State v. Kochuk. Per curiam Reversal.

Decision below: Trooper pulled defendant at 1:00am, after seeing the car cross the dotted white line for 3-4 seconds, 2 times. Defendant was drunk. Trial court found there was not reasonable suspicion for the stop.  Weaving must be coupled with other factors to give reasonable suspicion.  Here, there was nothing more than weaving. No improper turns, signals, or otherwise erratic driving.

State v. Land. Per curiam affirmed.

Decision Below: Appeal of possession with intent to sell marijuana, delivery of marijuana, and habitual felon. Indictment not defective because the delivery did not list a weight, as the amount of marijuana transferred is not an essential evidence.

State v. Rhodes. Appeal of post-conviction relief under 15A-1415(c).

In a drug case, after defendant found guilty, his father came forward and stated the drugs were his. The court granted a new trial based on newly discovery evidence.

HELD: The evidence was available to defendant before his conviction and the statement was not newly discovery under 15A-1415(c).

The father invoked the 5th Amendment at trial. Nonetheless, the information could have been made available by other means. Defendant testified, but didn't say they were his dad's and the defendant didn't cross a detective on the father's possible ownership.

No comments: