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   State Courts - North Carolina - March 20, 2007

  
State v. Euceda-Valle, NO. COA06-898, COURT OF APPEALS OF NORTH CAROLINA, March 20, 2007, Filed
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Overview: Evidence defendant was extremely nervous and refused to make eye contact, smell of air freshener came from the vehicle, fact vehicle was not registered to the occupants, and fact that there was a disagreement between defendant and the passenger about the trip provided officer with reasonable suspicion necessary to conduct the exterior canine sniff.

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State v. Forte, NO. COA06-595, COURT OF APPEALS OF NORTH CAROLINA, March 20, 2007, Filed
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State v. Forte, NO. COA06-904, COURT OF APPEALS OF NORTH CAROLINA, March 20, 2007, Filed
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State v. Gwynn, NO. COA06-403, COURT OF APPEALS OF NORTH CAROLINA, March 20, 2007, Filed
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Overview: Trial court erred in not instructing jury on second-degree murder because, although the State argued only for a felony murder theory under N.C. Gen. Stat. § 14-17 arising from defendant's killing of his victim during a drug transaction, evidence of the underlying armed robbery was in conflict, and it was for the jury to decide this fact issue.

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State v. Haith, NO. COA06-621, COURT OF APPEALS OF NORTH CAROLINA, March 20, 2007, Filed
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State v. Hammett, NO. COA05-377-2, COURT OF APPEALS OF NORTH CAROLINA, March 20, 2007, Filed
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Overview: Trial court did not err in trial of, inter alia, taking indecent liberties with child, in disallowing defendant, pursuant to N.C. Gen. Stat. § 8C-1, N.C. R. Evid. 412, from questioning victim as to her sleeping in same bed with a boyfriend because victim denied sexual relationship with the boyfriend and there was no evidence of sexual activity.

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State v. Harris, NO. COA06-469, COURT OF APPEALS OF NORTH CAROLINA, March 20, 2007, Filed
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State v. Hernandez, NO. COA06-582, COURT OF APPEALS OF NORTH CAROLINA, March 20, 2007, Filed
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State v. Hewson, NO. COA06-433, COURT OF APPEALS OF NORTH CAROLINA, March 20, 2007, Filed
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Overview: Defendant's statement to officer's question was admissible under public safety exception as officer was unsure if defendant was armed. Admission of 911 call did not violate rights under Crawford because colloquy between 911 operator and victim was not designed to establish past fact but to describe current circumstances requiring police assistance.

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State v. Hill, NO. COA06-753, COURT OF APPEALS OF NORTH CAROLINA, March 20, 2007, Filed
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