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| State v. Harris, NO. COA06-1520,
COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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| State v. Hayes, NO. COA06-1152,
COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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Overview: Defendant's second-degree murder and driving while impaired convictions were affirmed as the trial court properly admitted evidence of defendant's prior alcohol consumption to establish malice on the second-degree murder charge and it did not plainly err in failing to address the possibility of obtaining a trial transcript with the jury.
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| State v. Heinricy, NO. COA06-1068,
COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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Overview: Affidavit of chemist containing defendant's BAC stemming from prior DWI conviction was nontestimonial and thus, admissible; although affidavit was prepared with understanding use in court was probable, chemist had no interest in outcome of trial. Any error was harmless under N.C. Gen. Stat. § 15A-1443(a), in light of other evidence relating to DWI.
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| State v. Higgins, NO. COA06-653,
COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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| State v. High, NO. COA06-619,
COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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Overview: Judgment was affirmed as trial court had jurisdiction under N.C. Gen. Stat. § 15A-1344(f) over defendant's probation revocation proceedings as there was finding that defendant absconded and that State's use of surveillance officer was reasonable effort to notify defendant of probation violation. State v. Burns was distinguishable.
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| State v. Hogg, NO. COA06-1207,
COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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| State v. Jessup, NO. COA06-1062,
COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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| State v. Johnson, NO. COA06-751,
COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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Overview: Evidence defendant stood by door after victim asked him to leave was sufficient to support kidnapping charge. Where jury was instructed on alternative theories of kidnapping, some of which lacked sufficient evidentiary support, and it was unclear which theory jury based conviction on, defendant was entitled to a new trial on the kidnapping charge.
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| State v. Johnson, NO. COA06-1503,
COURT OF APPEALS OF NORTH CAROLINA, June 5, 2007, Filed
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