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   State Courts - North Carolina - April 3, 2007

  
State v. Combs, NO. COA06-613, COURT OF APPEALS OF NORTH CAROLINA, April 3, 2007, Filed
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Overview: Evidence was sufficient to show defendant and another acted in concert to commit robbery crimes, including testimony that defendant and another had common plan or purpose to obtain money to go to Florida. Failure to charge jury on common law robbery as lesser included offense was not err, as evidence showed robbery was committed with deadly weapon.

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State v. Ewing, NO. COA06-798, COURT OF APPEALS OF NORTH CAROLINA, April 3, 2007, Filed
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State v. Ezzell, NO. COA06-624, COURT OF APPEALS OF NORTH CAROLINA, April 3, 2007, Filed
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Overview: Where defendant was convicted of second-degree murder, his right to remain silent under the Fifth Amendment and N.C. Const. art. I, § 23 was not violated, because the prosecutor's cross-examination questions regarding statements he made to a deputy did not constitute an impermissible comment upon his invocation of his right to remain silent.

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State v. Fisher, NO. COA06-1064, COURT OF APPEALS OF NORTH CAROLINA, April 3, 2007, Filed
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State v. Flores-Matamoros, NO. COA06-878, COURT OF APPEALS OF NORTH CAROLINA, April 3, 2007, Filed
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State v. Frye, NO. COA06-987, COURT OF APPEALS OF NORTH CAROLINA, April 3, 2007, Filed
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State v. Henderson, NO. COA06-590, COURT OF APPEALS OF NORTH CAROLINA, April 3, 2007, Filed
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Overview: Evidence defendant removed his pants, walked into room where victim, his seven or eight-year-old daughter was seated, stood in front of her, and asked her to put his penis in her mouth qualified as overt act sufficient to submit charge of attempted first-degree sexual offense to jury. Nurse was qualified to testify as expert in "child disclosure."

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State v. Hyman, NO. COA06-939, COURT OF APPEALS OF NORTH CAROLINA, April 3, 2007, Filed
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State v. Leathers, NO. COA06-918, COURT OF APPEALS OF NORTH CAROLINA, April 3, 2007, Filed
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State v. McLean, NO. COA06-565, COURT OF APPEALS OF NORTH CAROLINA, April 3, 2007, Filed
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