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   State Courts - North Carolina - June 5, 2007

  
Smith v. Jones, NO. COA06-1268, COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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Overview: Denial of LLC's N.C. Gen. Stat. § 1A-1, N.C. R. Civ. P. 60 motion to set aside default judgment based on alleged improper substituted service was proper because LLC's failure to receive notice was due to its failure to properly maintain registered office. Only after several attempts to serve LLC failed was process served on Secretary of State.

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State v. Bagley, NO. COA06-686, COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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Overview: Admission of evidence defendant hid from police was not abuse of discretion as it showed defendant's guilty conscience. While there was sufficient evidence for assault charge to withstand motion to dismiss, jury instruction that gunshot wound was serious required remand as there was reasonable possibility jury would have found injury not serious.

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State v. Belcher, NO. COA06-982, COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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State v. Bowman, NO. COA06-463, COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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Overview: Photographs of victim's frontal injuries were not cumulative or excessive, as other photographs shown were of the crime scene and defendant while he was lying face down in the position in which officers found him and thus, they showed a different view of the body, a different injury inflicted, and different pieces of evidence found around the body.

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State v. Bullock, NO. COA04-665-2, COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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Overview: Judgment was affirmed, in part, as although trial court committed Blakely error under U.S. Const. amend. VI in finding aggravating factor that victim suffered serious, permanent, and debilitating injury, error was harmless as evidence was overwhelming that any fact-finder would have so found as victim lost sight in eye, and had no control in hand.

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State v. Burchfield, NO. COA06-922, COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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State v. Carter, NO. COA06-857, COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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State v. Coad, NO. COA06-864, COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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State v. Epps, NO. COA06-750, COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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State v. Espinoza, NO. COA06-1371, COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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