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| Seay v. Snyder, NO. COA06-237,
COURT OF APPEALS OF NORTH CAROLINA, January 2, 2007, Filed
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Overview: Where a mail carrier alleged negligence regarding a car accident, jury verdicts against the carrier were upheld because, inter alia, there was sufficient evidence of the carrier's contributory negligence to submit the issue to the jury and the jury was properly instructed on the general duty to drive on the right hand side of the road.
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| State v. Barksdale, NO. COA06-239,
COURT OF APPEALS OF NORTH CAROLINA, January 2, 2007, Filed
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Overview: Trial court committed plain error in instructing the jury on the offense of "attempted assault" because it was not a triable offense in North Carolina, and instructing the jury in such a way that it convicted defendant of attempted assault with a deadly weapon on a government officer--an nonexistent offense--constituted a miscarriage of justice.
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| State v. Barnes, NO. COA06-166,
COURT OF APPEALS OF NORTH CAROLINA, January 2, 2007, Filed
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| State v. Beal, NO. COA06-19,
COURT OF APPEALS OF NORTH CAROLINA, January 2, 2007, Filed
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Overview: Because defendant was a lawful resident of the dwelling where the altercation occurred, he had no duty to retreat from an assault on the premises so long as he was not responsible for bringing on the difficulty. Thus, the court should have instructed the jury to that effect.
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| State v. Blair, NO. COA06-515,
COURT OF APPEALS OF NORTH CAROLINA, January 2, 2007, Filed
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Overview: The trial court did not err in not dismissing a robbery with a dangerous weapon charge for insufficient evidence. Although the victim had not seen defendant's knife until defendant was in custody, an officer testified that the officer had seen it after the robbery and that after a chase, defendant was holding the knife while threatening the victim.
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| State v. Bracamontes, NO. COA06-259,
COURT OF APPEALS OF NORTH CAROLINA, January 2, 2007, Filed
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| State v. Burgess, NO. COA05-1529,
COURT OF APPEALS OF NORTH CAROLINA, January 2, 2007, Filed
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Overview: Defendant's conviction of first-degree sexual offense of a child under the age of 13 years was affirmed because admission of videotape interviews of the children victims was permissible under N.C. Gen. Stat. § 8C-1, N.C. R. Evid. 803(4) because the challenged statements were made to pediatric nurses prior to examination by the doctor.
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| State v. Carter, NO. COA05-1235,
COURT OF APPEALS OF NORTH CAROLINA, January 2, 2007, Filed
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| State v. Chevalier, NO. COA06-552,
COURT OF APPEALS OF NORTH CAROLINA, January 2, 2007, Filed
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