Tuesday, December 3, 2013

NC COA Update, Dec. 3, 2013

State v. Sabur Allah. Insufficient evidence of felony breaking and entering where no evidence of any intent to commit a felony inside the apartment. Here, defendant took victim out of apartment to commit crimes. No intent to commit felonies inside.

State v. Glenn Benters. Upheld trial court suppression, finding search warrant was deficient. Affidavit for search warrant simply said a "reliable confidential informant" says that Defendant is growing marijuana. Police checked electricity records and found them consistent with a grow operation.

State v. Kevin Dahlquist. Upheld warrantless blood draw in DWI case as exigent circumstance/evanescent evidence, where defendant smelled of alcohol, refused breathylzer, and failed a sobriety test. Officer said it would take 4-5 hours to get the warrant, based on past experience. Court upheld, while noting that the better practice would probably be to use video transmission or at least call the magistrate to determine if it really would take that long.

State v. Jeffrey Jones. Upheld SBM program, finding irrelevant that a 2012 U.S. case, US v. Jones, found that GPS tracking constitutes a 4th Amendment search.

State v. Robert Stewart. In nursing home case (multiple homicide in Moore County), found no error in admitting evidence of Defendant's extensive weapons -- including mines, firearms, and ammo -- found in defendant's home as they were relevant to premeditation. No 403 error in admitting 42 crime scene photos. Not cumulative/prejudicial.

State v. Ladarrius Thatcher. Insufficient evidence of 2d murder where all evidence  suggested it was an accident. Remanded for sentencing to involuntary manslaughter.

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