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| State v. Bradley, NO. COA06-671,
COURT OF APPEALS OF NORTH CAROLINA, February 6, 2007, Filed
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Overview: Defendant's habitual impaired driving conviction did not violate prohibition against double jeopardy; recidivist statutes such as habitual impaired driving, N.C. Gen. Stat. § 20-138.5(a), survived double jeopardy challenges because they increased the severity of punishment for the crime prosecuted and did not punish a prior crime a second time.
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| State v. Caldwell, NO. COA05-1646,
COURT OF APPEALS OF NORTH CAROLINA, February 6, 2007, Filed
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| State v. Chastaine, NO. COA06-799,
COURT OF APPEALS OF NORTH CAROLINA, February 6, 2007, Filed
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| State v. Coleman, NO. COA06-441,
COURT OF APPEALS OF NORTH CAROLINA, February 6, 2007, Filed
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Overview: Defendant's case was not pending on direct review when Blakely was decided, and was "final" before that decision. Defendant thus was not entitled to Blakely review. Defendant failed to perfect an appeal from final judgment, and thus, pursuant to N.C. R. App. P. 4(a), the time for appeal expired 14 days after judgment finally was entered.
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| State v. Davis, NO. COA06-654,
COURT OF APPEALS OF NORTH CAROLINA, February 6, 2007, Filed
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| State v. Dennis, NO. COA06-840,
COURT OF APPEALS OF NORTH CAROLINA, February 6, 2007, Filed
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| State v. Erickson, NO. COA06-173,
COURT OF APPEALS OF NORTH CAROLINA, February 6, 2007, Filed
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Overview: Testimony defendant was unable to distinguish right from wrong did not negate ability to premeditate and deliberate and thus, instruction on second-degree murder was not required. Comment on defendant's invocation of constitutional right to counsel did not necessitate mistrial as jury would not have concluded it was comment on exercise of right.
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| State v. Felts, NO. COA06-843,
COURT OF APPEALS OF NORTH CAROLINA, February 6, 2007, Filed
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| State v. Gilliam, NO. COA06-951,
COURT OF APPEALS OF NORTH CAROLINA, February 6, 2007, Filed
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