Tuesday, November 19, 2013

COA Update, Nov. 19, 2013

Interesting Cases Only:

State v. Chukwa. -- Sunny John Chukwa, Mecklenburg County. No error to hold second competency hearing after lawyer said only communication he has with client is client saying, "It is in god's hands."

State v. Shannon. -- Michael Shannon, Swain County.

Sufficient evidence of intimidating a witness where Defendant threatened a therapist, demanding they write a letter to DSS regarding his mental status. Ruled that the statute covers prospective witnesses (over dissent).

State v. Northington.  -- Vincent Northington, Onslow County.

Evidence that items, without more, is sufficient to prove felony breaking and entering (intent to commit larceny) and, on these facts, no entitltement to an instruction on misdemeanor breaking and entering (no intent to commit larceny).

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