IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA18-817 Filed: 20 August 2019 Stanly County, No. 17CRS700160 STATE OF NORTH CAROLINA v. SHAWN PATRICK ELLIS, Defendant. Appeal by Defendant from judgment entered 13 March 2018 by Judge Karen Eady-Williams in Stanly County Superior Court. Heard in the Court of…
IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA17-477-2 Filed: 20 August 2019 Mecklenburg County, Nos. 15 CRS 212911-13 STATE OF NORTH CAROLINA v. JERRY GIOVANI THOMPSON Appeal by defendant from judgment entered 3 January 2017 by Judge William R. Bell in Mecklenburg County Superior Court. Originally heard in…
Search Warrants are subject to Fourth Amendment protections against unreasonable searches and seizures. Without “probable cause,” a search is ordinarily deemed “unreasonable” and therefore improper. As is the case with many legal issues involving criminal charges, there are certain exceptions. Searches of a home or residence invite additional scrutiny by…
Subjective Fear in the 50B Protection Order Context A recent unpublished opinion by the NC Court of Appeals reminds family law attorneys and criminal defense lawyers alike that “fear of imminent bodily injury” is a subjective standard and need not be objectively reasonable. That may come as a surprise to…
It happens. Sometimes people charged with a criminal offense forget about a court appearance and need help “recalling warrants” or striking an Order for Arrest. You may have even been scared and decided not to appear in court on the assigned date, later realizing that only made a bad situation…
Have an upcoming court appearance? A lot of people don’t have experience with legal matters. As such, it’s understandable you may not know what to expect, what to do, or how to act in court. That’s normal. Two of the most common questions we get is, “What should I expect…
I sat there in church, angry. I tried to quiet my thoughts and focus on the purpose of being there. It was a cavernous sanctuary, which was necessary. Funerals for young people are well-attended. The vestiges of the Holy Roman Church came back to me without a second thought. It…
Let’s call him Andrew. We spent some time together last week. Quick to smile, self-deprecating, and genuinely appreciative as a client, I’ve liked him from the start. I could immediately see Andrew was agitated, but most people wouldn’t have picked up on that. I gave him the head nod and…
Brady and Giglio Material – Transparency in Motion for Discovery in NC The following legal reference materials are in addition to those previously posted by our law firm. While discovery materials pursuant to Brady v. Maryland supplement the NC criminal laws relevant to voluntary discovery or a Motion for Discovery, they are technically distinct from the…
The State of North Carolina (through the prosecutors) is required to turn over certain types of evidence to the accused (the Defendant in NC). Criminal lawyers in Charlotte, and other attorneys throughout the state, often refer to that as Giglio or exculpatory Brady material. Both Brady and Giglio, and the associated release of…