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   State Courts - North Carolina - March 3, 2006

  
State v. Ripley, No. 489A05, SUPREME COURT OF NORTH CAROLINA, March 3, 2006, Filed
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Overview: Because defendant's asportation of the robbery victims from one side of a motel lobby door to the other was a "mere technical asportation" which was an inherent part of the commission of robbery with a dangerous weapon, defendant's convictions for second-degree kidnapping, under N.C. Gen. Stat. § 14-39, were properly vacated.

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State v. Ross, No. 581A05, SUPREME COURT OF NORTH CAROLINA, March 3, 2006, Filed
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State v. Smith, No. 346A05, SUPREME COURT OF NORTH CAROLINA, March 3, 2006, Filed
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Overview: In a second degree rape case, N.C. Gen. Stat. § 14-27.3, because the trial court failed to instruct the jurors that they must find the dispositive facts of force and lack of consent beyond a reasonable doubt, the jury instructions were flawed and defendant was properly granted a new trial.

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Stein v. Asheville City Bd. of Educ., No. 128A05, SUPREME COURT OF NORTH CAROLINA, March 3, 2006, Filed
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Overview: Trial court erred in holding that victim's complaint adequately stated common law negligence claim as victim offered no basis for believing that authority had ability or opportunity to control students during attack on victim. Complaint failed to allege special relationship necessary to render authority liable for harm to victim by third persons.

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