Tuesday, October 1, 2013

Court of Appeals Update, Oct. 1, 2013

Interesting Cases:

State v. Ashe. Harnett County -- Shannon Ashe.

Court erred by failing to intervene sua sponte and holding a competency evaluation where testimony showed Defendant was schizophrenic and had outbursts during trial. Court must hold such a hearing whenever confronted with "substantial evidence" that the defendant "may be incompetent." New trial ordered.

State v. Call.  Rockingham County -- Jerry Call.

No 6th amendment confrontation problem for allowing out-of-court statements of deceased store manager's statements to store investigator about a robbery, on grounds that (1) not to the police (Crawford) and (2) were made prior to indictiment.  Thus, they completely fall outside the 6th Amendment.

In re Cline. Upholding the removal of Tracey Cline as DA in Durham County. No legal analysis here, but if you're interested, read the case.

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