Evidence Cases
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Coverage since May 26, 2026

Evidence

North Carolina Court of Appeals
Uncategorized

Spencer — Evidence supported lying-in-wait and flight instructions

The Court of Appeals found no error. The trial evidence supported an inference that Spencer knew the store and employee schedules, positioned himself for a private attack, and waited for the victims to leave. Evidence that he changed clothes, misled his girlfriend, and disposed of the weapon supported flight even though he later appeared near officers. The evidence also did not require a second-degree murder instruction.

Supreme Court of North Carolina
Uncategorized

Wingate — Expert testimony and incorrect statutory citation did not require a new trial

The Supreme Court reversed on both points. Even assuming portions of the expert testimony crossed the line, Wingate could not show plain error—that the jury probably would have reached a different result without it. The indictment’s factual allegations and the circumstances gave adequate notice despite the incorrect statutory citation.

Supreme Court of North Carolina
Uncategorized

Norris — Total circumstances supported constructive possession of firearm

The Supreme Court held that the Court of Appeals failed to view the evidence in the light most favorable to the State. Occupancy, proximity, control of the premises, and Norris’s suspicious movement together supplied incriminating circumstances from which a jury could find constructive possession. The Court reversed and remanded for consideration of remaining appellate issues.

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