Tuesday, December 17, 2013

NC COA Update, Dec. 17, 2013

State v. Cornelius Clark. Murder case.

No error in informing jury, during jury selection, that Defendant had noticed the affirmative defense of self defense, citing N.C.G.S. 15A-1213.

State v. Jimmy Jones. No error in failing to intervene when DA called children in sex case "victims." No error in referring to children as "victims" in this case because, unlike cases where it was found to be error, the defendant did not object and no conflict that sex abuse occurred in this case (rather, just over who was the perpetrator).

State v. Danny Paul. No violation of "law of the case doctrine" where defendant received a higher sentence at resentencing due to new evidence of additional prior felonies for record level purposes.

State v. Frederick Weaver. Licensed security guard who stopped defendant and search him in DWI case was not a state actor under the Fourth Amendment.

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