Tuesday, October 15, 2013

NC Court of Appeals Update: Oct. 15, 2013

Interesting Cases

State v. Thomas Murder -- Columbus County, Danny Thomas.

New trial ordered in 1st degree murder case. During evidence, it came to light that one of the jurors knew a witness. The judge questioned the juror and allowed the defense and state to question her. The court found there was not a basis for a cause challenge. The Defense requested to use a peremptory stirke, which was denied.

Held: Once the court re-opens voir dire (by questioning a juror), under N.C. Gen. Stat. 15A-1214(g), the Court must allow the defense to use remaining strikes on that juror. Held that this is so even if a jury has been empaneled.

State v. Blankenship. DWI -- Buncombe County, Seth Blankenship.

No probable cause to make a stop where a caller calls 911 and tells 911 that a driver is driving erratically, where the officer did not observe any traffic violations.

State v. Simpson. Drugs -- Onslow County, Ladonn Simpson

Insufficient evidence for maintaining a vehicle where court found no evidence that defendant allowed others to use his car for drugs.

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