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| Spears v. Betsy Johnson Mem. Hosp., NO. COA05-718,
COURT OF APPEALS OF NORTH CAROLINA, April 4, 2006, Filed
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| State v. Anderson, NO. COA05-259,
COURT OF APPEALS OF NORTH CAROLINA, April 4, 2006, Filed
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| State v. Anderson, NO. COA05-1038,
COURT OF APPEALS OF NORTH CAROLINA, April 4, 2006, Filed
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Overview: Defendant's convictions and sentence for sexual offenses with a minor were affirmed as (1) the indictments were sufficient; (2) defendant's motion to exclude evidence under N.C. Gen. Stat. § 8C-1, N.C. R. Evid. 404(b) was properly denied; and (3) defendant was properly sentenced in the aggravating range under N.C. Gen. Stat. § 15A-1340.16.
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| State v. Auman, NO. COA05-836,
COURT OF APPEALS OF NORTH CAROLINA, April 4, 2006, Filed
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| State v. Blackwell, NO. COA05-660,
COURT OF APPEALS OF NORTH CAROLINA, April 4, 2006, Filed
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| State v. Branch, NO. COA03-350-2,
COURT OF APPEALS OF NORTH CAROLINA, April 4, 2006, Filed
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Overview: Trial court's order denying defendant's motion to suppress was vacated, and her case was remanded to the trial court for a new suppression hearing; order in her drug possession case denying her motion to suppress was null and void because it was entered out of county, out of term, and out of session, which dictated new suppression hearing be held.
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| State v. Cromartie, NO. COA05-1126,
COURT OF APPEALS OF NORTH CAROLINA, April 4, 2006, Filed
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Overview: Convictions of assault with a deadly weapon with intent to kill inflicting serious injury and possession of a firearm by a felon were affirmed as the judge did not commit plain error by failing to instruct the jury on a lesser included offense to the assault charge. Also, the joinder of the charges was not err under N.C. Gen. Stat. § 15A-926(a).
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| State v. Davis, NO. COA05-650,
COURT OF APPEALS OF NORTH CAROLINA, April 4, 2006, Filed
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Overview: Defendant was awarded a new trail on charges of second degree murder and discharging a firearm into occupied property as the trial court failed to include a self-defense instruction in the final mandate to the jury on the firearm charge. Further, the trial court failed to instruct the jury that defendant had no duty to retreat on both charges.
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| State v. Frink, NO. COA05-439,
COURT OF APPEALS OF NORTH CAROLINA, April 4, 2006, Filed
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Overview: Indictment of defendant for statutory rape was insufficient to support a judgment on the offense of attempted second degree rape, where the indictment failed to charge essential elements of the offense of attempted second degree rape. Because indictment was fatally defective, defendant's conviction for attempted second degree rape was a nullity.
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