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| State v. Hart, No. 446A06,
SUPREME COURT OF NORTH CAROLINA, May 4, 2007, Filed
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Overview: While defendant's assignment of error did not provide the legal basis, pursuant to N.C. R. App. P. 10(c)(1), for an argument that the testimony violated N.C. Gen. Stat. § 8C-1, N.C. R. Evid. 701, the appellate court incorrectly concluded that it had no authority to apply N.C. R. App. P. 2. Thus, the matter was remanded.
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| State v. Hurt, No. 192A04,
SUPREME COURT OF NORTH CAROLINA, May 4, 2007, Filed
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Overview: Since the arguments of defendant's counsel in mitigation did not constitute an admission of any aggravating factor, the trial court's sentencing procedure was erroneous under Blakely. Since there was conflicting evidence as to defendant's role in the offense, the error was not harmless beyond a reasonable doubt under N.C. Gen. Stat. § 15A-1443(b).
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| State v. Lasiter, No. 222PA06,
SUPREME COURT OF NORTH CAROLINA, May 4, 2007, Filed
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Overview: Refusal to remove juror for cause based on ties to officers and courthouse personnel was erroneous as officers only provided testimony about scene, while culpability was established by civilian witnesses, including codefendant. New sentencing hearing was required as there only evidence one other joined defendant, not more as found by trial court.
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| Wiggs v. Edgecombe County, No. 466A06,
SUPREME COURT OF NORTH CAROLINA, May 4, 2007, Filed
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Overview: A resolution adopted by a county and county board of commissioners, terminating a retiree's right to receive special separation allowance payments under N.C. Gen. Stat. § 143-166.42 (2005) upon his re-employment with a member of the North Carolina Local Government Employees' Retirement System, violated U.S. Const. art. I, § 10.
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