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| Seven Seventeen HB Charlotte Corp. v. Shrine Bowl of the Carolinas, Inc., NO. COA06-513,
COURT OF APPEALS OF NORTH CAROLINA, March 6, 2007, Filed
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Overview: Trial court properly granted a hotel a directed verdict against a corporation as the burden of establishing whether a liquidation clause was enforceable was on the corporation, which presented no evidence on the issue. Because the trial court issued a directed verdict, findings of fact and conclusions of law were neither necessary nor appropriate.
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| State v. Battle, NO. COA03-484-2,
COURT OF APPEALS OF NORTH CAROLINA, March 6, 2007, Filed
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Overview: Because it was impossible to know if, based on conflicting evidence, jury would have found aggravating factor that defendant joined with more than one other person in committing offense and was not charged with committing conspiracy, error of failing to submit aggravator to the jury was not harmless, and defendant was entitled to resentencing.
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| State v. Borges, NO. COA06-476,
COURT OF APPEALS OF NORTH CAROLINA, March 6, 2007, Filed
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Overview: Convictions were affirmed as even though Act to Amend State Law Regarding Determination of Aggravating Factors in Criminal Case to Conform with United States Supreme Court Decision in Blakely v. Washington, 2005 N.C. Sess. Laws 145, did not apply to defendant's offenses, aggravating factors could be submitted to jury using special verdicts.
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| State v. Buffaloe, NO. COA06-406,
COURT OF APPEALS OF NORTH CAROLINA, March 6, 2007, Filed
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| State v. Cagle, NO. COA06-69,
COURT OF APPEALS OF NORTH CAROLINA, March 6, 2007, Filed
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Overview: Defendant's passing of a worthless check in order to obtain the mall gift certificates was sufficient to support the conviction for obtaining property by false pretenses. Trial court did not err in denying motion to dismiss because State presented evidence mall would have suffered loss regardless of whether or not gift certificates were redeemed.
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| State v. Caudle, NO. COA03-1576-2,
COURT OF APPEALS OF NORTH CAROLINA, March 6, 2007, Filed
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Overview: Blakely error was harmless because evidence was sufficiently overwhelming and uncontroverted that any rational fact-finder would have found beyond a reasonable doubt that defendant was on pretrial release on another charge at the time he committed the crime, which was the aggravator used by the trial court to enhance defendant's sentence.
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| State v. Collins, NO. COA06-204,
COURT OF APPEALS OF NORTH CAROLINA, March 6, 2007, Filed
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| State v. Cooper, NO. COA06-460,
COURT OF APPEALS OF NORTH CAROLINA, March 6, 2007, Filed
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| State v. Cousart, NO. COA06-569,
COURT OF APPEALS OF NORTH CAROLINA, March 6, 2007, Filed
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Overview: In convicting defendant of contributing to the delinquency of a minor, under N.C. Gen. Stat. § 14-316.1 (2005), a jury did not have to unanimously agree on the offense he encouraged a minor to commit. It was error to sentence him to more than 18 months' probation without finding it was necessary, but the amount of restitution ordered was not error.
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