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| State v. Morrison, NO. COA05-908,
COURT OF APPEALS OF NORTH CAROLINA, March 21, 2006, Filed
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| State v. Pender, NO. COA04-1198,
COURT OF APPEALS OF NORTH CAROLINA, March 21, 2006, Filed
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Overview: It was error to find that $ 1,300.00 and $ 700.00 constituted property of "great monetary value" within the aggravating factor list, N.C. Gen. Stat. § 15A-1340.16. Thus, the trial court's finding of the aggravating factor for sentencing was not supported by the evidence, and defendant was entitled to a new sentencing hearing.
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| State v. Powers, NO. COA04-1300,
COURT OF APPEALS OF NORTH CAROLINA, March 21, 2006, Filed
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| State v. Ramos, NO. COA05-1109,
COURT OF APPEALS OF NORTH CAROLINA, March 21, 2006, Filed
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| State v. Robertson, NO. COA05-1110,
COURT OF APPEALS OF NORTH CAROLINA, March 21, 2006, Filed
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| State v. Ross, NO. COA05-431,
COURT OF APPEALS OF NORTH CAROLINA, March 21, 2006, Filed
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| State v. Scott, NO. COA05-1093,
COURT OF APPEALS OF NORTH CAROLINA, March 21, 2006, Filed
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| State v. Shelly, NO. COA05-713,
COURT OF APPEALS OF NORTH CAROLINA, March 21, 2006, Filed
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Overview: Impeachment with convictions over 10 years old did not violate N.C. Gen. Stat. § 8C-1, N.C. R. Evid. 609(b) as defendant had notice of State's intent to use evidence and fair opportunity to contest it. Evidence showing mutual understanding to commit murder supported conspiracy conviction, but there was insufficient evidence of two conspiracies.
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| State v. Simpson, NO. COA05-632,
COURT OF APPEALS OF NORTH CAROLINA, March 21, 2006, Filed
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Overview: Defendant's sentence was affirmed because his case was final before the case law under the Sixth Amendment restricting the consideration of aggravating factors that were not found by a jury became applicable. Further, appellate counsel was not ineffective by not raising the consideration of the aggravating factor issue in defendant's appeal.
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