Criminal Cases
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Criminal

Court of Appeals of North Carolina
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Lofton — Ambiguous dismissal did not eliminate assault conviction before sentencing

The Court of Appeals read the form and surrounding record as showing an effective dismissal only of the habitual-felon matter, not the jury’s assault verdict. The trial court had expressly held sentencing open, so it retained authority to enter judgment on the assault conviction. Evidence that Lofton took a route requiring him to jump a fence and discarded clothing while officers pursued him supported the flight inst

Court of Appeals of North Carolina
Uncategorized

Lindsay — Obstruction convictions upheld over sufficiency, instruction, and indictment attacks

The Court of Appeals allowed review but rejected the merits challenges. Viewed in the State’s favor, the evidence supported the obstruction charges and the theory submitted to the jury. The indictments alleged facts supporting the essential elements. Under recent North Carolina Supreme Court precedent, an asserted omission concerning factual detail did not automatically create a jurisdictional defect; Lindsay also fa

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