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North Carolina Death Law
 

STATE OF NORTH CAROLINA v. TODD ERIC BODERICK

Defendant and Krishay Mouzon (“the mother”) had a daughter (“the child”)
born on 25 April 2012. Defendant and the mother had custody of the child, and the
mother had two additional children of whom she did not have custody. Defendant and
the mother lived with the child in various hotels.
On 27 October 2012 at approximately 9:27 p.m., police and the fire department
respond... More...
   $0 (03-26-2018 - NC)

STATE OF NORTH CAROLINA v. ERIC GLENN LANE

On 7 April 2003, defendant was indicted in Wayne County for first-degree
murder, first-degree statutory rape, first-degree statutory sex offense, indecent
liberties with a minor, lewd and lascivious conduct, and first-degree kidnapping of
five-year old “P.W.”1 Defendant was tried capitally in Wayne County, and his first
trial in the fall of 2004 ended in a mistrial due to juro... More...
   $0 (03-26-2018 - NC)

United States of America v. Antoine Darrell Smith

Middle District of North Carolina Federal Courthouse - Greensboro, North Carolina

The district court held that the North Carolina crime of voluntary manslaughter is a violent felony under the force clause of the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(2)(B)(i). We agree, and affirm the enhanced sentence imposed on Antoine Smith as a result.
I.
Antoine Smith pled guilty to one count of possession with intent to distribute cocaine hydrochloride in violation o... More...
   $0 (02-15-2018 - NC)

THOMAS LEE GUDINAS vs. STATE OF FLORIDA

We have for review Thomas Lee Gudinas’s appeal of the circuit court’s
order denying Gudinas’s motion filed pursuant to Florida Rule of Criminal
Procedure 3.851. This Court has jurisdiction. See art. V, § 3(b)(1), Fla. Const.
Gudinas’s motion sought relief pursuant to the United States Supreme
Court’s decision in Hurst v. Florida, 136 S. Ct. 616 (2016), and our decision on <... More...
   $0 (01-30-2018 - NC)

STATE OF NORTH CAROLINA v. ARMOND DEVEGA

On 17 November 2008, a Wake County Grand Jury indicted Defendant for two
counts of first-degree murder, one count of attempted first-degree murder, and nine
counts of robbery with a dangerous weapon. After considering several pre-trial
motions, the Wake County Superior Court called Defendant’s case for trial on 24
February 2014. The State called over ninety witnesses. The fo... More...
   $0 (01-30-2018 - NC)

UNITED STATES OF AMERICA v. ALEXANDER ROBECK MARTIN

We review a sentence for reasonableness, applying “a deferential abuse-of
discretion standard.” Gall v. United States, 552 U.S. 38, 41 (2007). In evaluating a
district court’s Guidelines calculations, we review the district court’s legal conclusions de
novo and its factual findings for clear error. United States v. Thompson, 874 F.3d 412,
414 (4th Cir. 2017). We will find cl... More...
   $0 (01-10-2018 - NC)

STATE OF NORTH CAROLINA v. JONATHAN KEITH MALLOY

Fatal hit and run suspect arrested

Where the essential elements of hit and run resulting in death necessarily
include the essential elements of hit and run resulting in injury, the trial court did
not err by submitting to the jury and entering judgment upon conviction for felonious
hit and run resulting in injury.
On 1 January 2010, defendant Jonathan Keith Malloy called his girlfriend,
Sandra Hoover, to le... More...
   $0 (01-10-2018 - NC)

STATE OF NORTH CAROLINA v. SAMUEL TYLER POTTER

The record tends to show the following:
At roughly 1:00 AM on 14 August 2012, the Pamlico County Fire Marshal
received a call concerning a burning structure in Grantsboro, North Carolina. A local
sheriff’s deputy arrived first at the scene of the fire, where he was greeted by
Defendant and another gentleman, Michael Block (“Mr. Block”). Defendant told the
sheriff’s depu... More...
   $0 (01-07-2018 - NC)

STATE OF NORTH CAROLINA v. TERRY TERRALE MOORE

At approximately 3:00 p.m. on 25 July 2015, defendant was lawfully driving
alone on U.S. 1 North in Wake County. Officer Tyler Webb of the Wake Forest Police
Department was on routine patrol on U.S. 1 at that time. As Officer Webb drove
alongside defendant’s vehicle, his attention was drawn to defendant’s posture and
body language. The officer described defendant as having a... More...
   $0 (01-07-2018 - NC)

United States of America v. William Scott Davis, Jr.

Eastern District of North Carolina Federal Courthouse - Raleigh, North Carolina

Raleigh, NC - Federal Jury Convicts Virginia Man for Cyberstalking and Communicating Interstate Threats

William Scott Davis, Jr., a 57-year-old resident of Hampton, Virginia, was convicted following a three-day trial before Senior United States District Judge W. Earl Britt. The jury found DAVIS guilty of cyberstalking and communicating interstate threats.

The evidence at trial s... More...
   $0 (12-14-2017 - NC)

David Richard Sizemore v. Nancy A. Berryhill

United States Court of Appeals for the Third Circuit

David Sizemore applied for disability benefits from the Social Security
Administration in July 2011, claiming that he was disabled due to diabetes and bipolar
disorder. After his application was denied by an administrative law judge (“ALJ”), who
found that Sizemore was not disabled, and review was denied by the Appeals Council, he
commenced this action in the district court. The di... More...
   $0 (12-01-2017 - NC)

Teresa Ann Hensley v. Michael Scott Price

Western District of North Carolina Courthouse - Charlotte, North Carolina

Deputies Michael Price and Keith Beasley (collectively, the “Deputies”)—both employed by the Haywood County, North Carolina, Sheriff’s Department—shot and killed David Hensley outside his home on the morning of August 9, 2012. The plaintiffs—Hensley’s widow and two daughters—brought suit against the Deputies in both their individual and official capacities under 42 U.S.C. § 1983 and North Carolina... More...   $0 (11-25-2017 - NC)

STATE OF NORTH CAROLINA v. TYLER DALE McCURRY

The State presented evidence at trial tending to establish the following facts:
L.J.R. (“Leo”)1 was born to Jennie Reynolds (“Jennie”) and her husband Derek
Reynolds (“Derek”) on 19 July 2014. Shortly after Leo was born, Derek was
incarcerated, and the Department of Social Services (“DSS”) became involved with
the family due to Jennie’s abuse of methadone pills. In the fall ... More...
   $0 (11-21-2017 - NC)

STATE OF NORTH CAROLINA v. KENNETH GORE, Jr.,

This case arises from the death of Bonnie Fowler (“Ms. Fowler”), a 77-year-old
resident of Chadbourn, North Carolina.
The evidence at trial tended to show the following:
On 6 November 2010, Ms. Fowler, who lived alone in an apartment complex,
spent the morning and early afternoon with her family in her home. Later that
afternoon, at around 4:20 p.m., she spoke by phone ... More...
   $0 (11-21-2017 - NC)

STATE OF NORTH CAROLINA v. GREGORY ANTHONY GARDNER

The evidence at trial tended to show the following:
On 14 August 2009, Chelsea Sanders (“Sanders”)1 and her boyfriend Terry
Cress (“Cress”) traveled to Washington, N.C. for a weekend getaway at a hotel. After
drinking at the hotel bar, the couple returned to the hotel room at approximately 2:00
a.m. An hour or two later, Sanders had undressed and was lying in bed when she More...
   $0 (11-21-2017 - NC)

STATE OF NORTH CAROLINA v. JUJUAN MAQUIS COX

On 5 August 2013, a grand jury indicted Defendant on multiple counts of first
degree murder, attempted first-degree murder, AWDWIKISI, discharging a firearm
into an occupied dwelling, and two counts of discharging a firearm into an occupied
vehicle. The State tried Defendant on the following: two charges of first-degree
murder, two charges of attempted first-degree murder, two... More...
   $0 (11-21-2017 - NC)

United States of America v. Elton Wayne Walston

Federal Courthouse - Raleigh, North Carolina

Raleigh, NC - Wilson City Drug Trafficker Found Guilty Of Heroin Distribution That Resulted In A Death

A jury found ELTON WAYNE WALSTON, from Wilson, North Carolina, guilty of one count of distribution of heroin that resulted in the death of a Wilson, N.C. man, one count of possession with intent to distribute heroin, one count of illegally possessing a firearm and ammunition, and four co... More...
   $0 (06-22-2017 - NC)

JUSTIN RYAN MCMILLIAN vs. STATE OF FLORIDA

On direct appeal, this Court described the facts as follows:
The defendant, Justin McMillian, and his victim, Danielle Stubbs, began dating in the spring of 2008. On Wednesday or Thursday, January 6 or 7, 2009, Stubbs moved from an apartment into a nearby townhouse on Pineverde Lane in Jacksonville. McMillian assisted Stubbs and her family with the move. Friday afternoon, Stubbs took McM... More...
   $0 (04-14-2017 - NC)

STATE OF NORTH CAROLINA v. QUINTIS TRAVON SPRUIELL

On the evening of 1 November 2005, Jose Lopez drove Ricardo Sanchez to a car
wash in Sanford, North Carolina where Sanchez planned to complete a drug
transaction with Defendant. When they arrived and parked Lopez’s Ford Explorer,
Lopez remained in the driver’s seat while Sanchez sat in the rear passenger side seat
with the window rolled down.
After Sanchez called Defendan... More...
   $0 (04-14-2017 - NC)

STATE OF NORTH CAROLINA v. MACK CHASON GLISSON

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On 3 February 2014, defendant was indicted for first-degree murder of his wife,
Crystal Dawn Coome... More...
   $0 (03-27-2017 - NC)

State of North Carolina v. Nathan Holden

Raleigh, NC - Jury Finds Defendant Guilty and Sentences Him To Life Without Parole

The State of North Carolina charged Nathan Holden, age 32, with two counts of first-degree murder claiming that he killed his ex-wife's parents Angelia Smith Taylor and Sylvester Taylor in April 2014. In addition to shooting his ex-wife's parents, he pistol whipped his ex-wife, LaTonya Allen.

The ... More...
   $0 (03-04-2017 - NC)

STATE OF NORTH CAROLINA v. RANDY CARTER DAVIS

Sex Offender

Here we are asked to determine whether expert testimony about general
characteristics of child sexual assault victims and the possible reasons for delayed
reporting of such allegations constitutes expert opinion testimony, subject to
disclosure in discovery under N.C.G.S. § 15A-903(a)(2). We hold that it does, and
thus, the State failed to satisfy its statutory obligations whe... More...
   $0 (12-15-2016 - NC)

STATE OF NORTH CAROLINA v. ROBERT BISHOP

During the 2011-2012 school year, defendant and Dillion Price were students
at Southern Alamance High School. Starting in the fall of 2011, some of Price’s
classmates began to post negative pictures and comments about Price on Facebook,
including on Price’s own Facebook page. In September 2011, a male classmate posted
on Facebook a screenshot of a sexually themed text message... More...
   $0 (12-15-2016 - NC)

STATE OF NORTH CAROLINA v. CHARLES ANTHONY McGRADY

Defendant and his cousin Mr. Shore lived in mobile homes across the street
from each other in Hays, North Carolina. Various other members of their family also
lived nearby. The two men had a combative history, having engaged in multiple
verbal and physical altercations. Defendant testified that, on the evening of
19 December 2011, Mr. Shore threatened to kill defendant and h... More...
   $0 (12-15-2016 - NC)

United States of America v. Miguel Zelaya

Charlotte, NC - Two MS-13 Gang Members Convicted Of Murder Are Sentenced To Life In Prison

U.S. District Judge Robert J. Conrad, Jr. handed down life sentences to two MS-13 gang members convicted of murder.

In April 2016, a federal jury convicted Miguel Zelaya, 22, of Charlotte, of conspiracy to participate in racketeering activity (RICO), murder in aid of racketeering, use or ... More...
   $0 (11-02-2016 - NC)

United States of America v. Akin Sean El Precise Bey and George Lincoln Stanley IV

Raleigh, NC - Men Sentenced To Life For Kidnapping

AKIN SEAN EL PRECISE BEY, 47, of Knightdale, North Carolina was sentenced to life imprisonment.

On December 7, 2015 a federal jury convicted BEY of conspiracy to commit kidnapping and kidnapping and for being a felon in possession of a firearm and ammunition. A coconspirator GEORGE LINCOLN STANLEY IV, 47, of Durham, North Caroli... More...
   $0 (09-27-2016 - NC)

United States of America v. Seth Pickering

Asheville, NC - Federal indictment charges Set Pickering with first degree murder

United States Attorney Jill Westmoreland Rose announced that a federal grand jury sitting in Asheville has returned a criminal indictment against Seth Pickering, charging him with one count of first degree murder for allegedly killing his daughter, Lila Pickering. Seth Pickering, 36, of Leicester, N.C. was ... More...
   $0 (10-05-2016 - NC)

STATE OF NORTH CAROLINA v. BRIAN MICHAEL McQUEEN

On 24 September 2009, a Lee County grand jury indicted Defendant, a Black
male, on one count of first degree murder and one count of robbery with a dangerous
weapon. On 30 November 2009, the case was declared a capital offense. At
arraignment, Defendant pled not guilty. On 12 July 2012, defense counsel filed a
pretrial motion entitled, “Motion to Prohibit District Attorney F... More...
   $0 (09-29-2016 - NC)

STATE OF NORTH CAROLINA v.ROBERT DENNIS DIXON

In 1987, defendant’s father, Cardwell Dixon (“Cardwell”) married Sara Dixon
(“Sara”), six months after defendant’s mother passed away. Cardwell owned a 41
acre piece of property (“the property”), and built a home where he and Sara lived
(“2033 McCray Road”). Cardwell also helped defendant purchase a home, and
allowed him to place his home on the property.
In 2004, Cardwel... More...
   $0 (09-19-2016 - NC)

STATE OF NORTH CAROLINA v. JACKSON CAIN WHISENANT

At approximately 2:30 p.m. on 20 December 2014 in Waynesville, North
Carolina, Kmart loss prevention associate William Pate observed a male, later
STATE V. WHISENANT
Opinion of the Court
- 2 -
identified as Defendant, scanning the jewelry section inside the store. Mr. Pate
observed Defendant take two separate watches and place them inside his pants, and
conce... More...
   $0 (09-19-2016 - NC)

STATE OF NORTH CAROLINA v. AMANDA GAYLE REED

The facts of this case, as presented by the State, begin simply enough:
defendant went to use the bathroom in her home for a few minutes, and her toddler,
Mercadiez, tragically managed to fall into their outdoor pool and drown. The
complexity of this case arises from the fact that about two years before, defendant
was babysitting another child, Sadie Gates, who got out of the... More...
   $0 (09-05-2016 - NC)

STATE OF NORTH CAROLINA v. CHARLES ANTHONY McGRADY

This appeal arises from defendant Charles Anthony McGrady’s first-degree
murder conviction for the shooting death of his cousin James Allen Shore Jr.
Defendant admitted to shooting Mr. Shore. The central issue at trial was whether
defendant shot and killed Mr. Shore in lawful defense of himself and his adult son
Brandon McGrady. Defendant sought to introduce expert witness t... More...
   $0 (09-03-2016 - NC)

STATE OF NORTH CAROLINA v. PARIS JUJUAN TODD

Defendant was convicted of robbery with a dangerous weapon on 14 June 2012
and defendant appealed that conviction to this Court. In his first appeal, defendant
raised two issues: “(1) the trial court erred when it denied defendant’s motion for a
continuance made on the first day of trial, and alternatively, (2) he received
ineffective assistance of counsel.” State v. Todd, 22... More...
   $0 (09-03-2016 - NC)

STATE OF NORTH CAROLINA v. GARY MAURICE WALTERS

On the evening of 17 August 2005, Paul Franklin began a two-day period of
repeatedly buying and using cocaine, during which he was introduced to, and
purchased cocaine from, defendant. After Franklin ran out of money while staying at
the Redwood Inn in Lumberton, North Carolina, he allowed defendant to use his
vehicle, a gray Ford Windstar van, in exchange for more cocaine. Th... More...
   $0 (06-10-2016 - NC)

STATE OF NORTH CAROLINA v. RANDY CARTER DAVIS

Here we are asked to determine whether expert testimony about general
characteristics of child sexual assault victims and the possible reasons for delayed
reporting of such allegations constitutes expert opinion testimony, subject to
disclosure in discovery under N.C.G.S. § 15A-903(a)(2). We hold that it does, and
thus, the State failed to satisfy its statutory obligations whe... More...
   $0 (06-10-2016 - NC)

STATE OF NORTH CAROLINA v. MICHAEL LEROY WILKIE

Defendant Michael Leroy Wilkie appeals his conviction of first degree murder
of his wife. On appeal, defendant primarily argues that the trial court erred in
denying his motion to dismiss the charge of first degree murder because there was no
evidence demonstrating his wife’s death resulted from any act of criminal agency, and
the only evidence of her cause of death was his ex... More...
   $0 (05-05-2016 - NC)

STATE OF NORTH CAROLINA v. QUACEY JAMAR MCFADDEN

On 2 December 2013, defendant was indicted for possession of a firearm by a
felon in violation of N.C. Gen. Stat. § 14-415.1.
Defendant’s trial commenced at the 11 November 2014 criminal session of
Mecklenburg County Superior Court, the Honorable Richard Doughton, presiding.
Defendant was convicted of the felony of assault with a deadly weapon
inflicting serious injury in ... More...
   $0 (05-05-2016 - NC)

STATE OF NORTH CAROLINA v. JAMES CHRISTOPHER KETCHUM

On 21 July 2014, defendant was indicted for possession of a firearm by a felon
in violation of N.C. Gen. Stat. § 14-415.1. On 27 October 2014, defendant was indicted
for first degree burglary in violation of N.C. Gen. Stat. § 14-51. On 7 April 2014,
defendant was indicted for robbery with a dangerous weapon in violation of N.C. Gen.
Stat. § 14-87, assault on a female in viola... More...
   $0 (05-05-2016 - NC)

STATE OF NORTH CAROLINA v. HARRY SHAROD JAMES

On 19 June 2006, a Mecklenburg County Grand Jury indicted defendant on
one count of murder and one count of robbery with a dangerous weapon. The
indictments were the result of events that occurred on 12 May 2006 when defendant
was sixteen years old.
At the conclusion of defendant’s trial on 10 June 2010, a jury returned verdicts
finding defendant guilty of first-degree mu... More...
   $0 (05-05-2016 - NC)

STATE OF NORTH CAROLINA v. DARRYL ANTHONY HOWARD

The factual genesis of this case was the 27 November 1991 murders of Doris
Washington (“Doris”) and her thirteen-year-old daughter, Nishonda Washington
(“Nishonda”). Approximately one year after the murders, Darryl Anthony Howard
(“defendant”) was arrested and indicted on two counts of first degree murder and one
count of first degree arson. At defendant’s trial in March 1995... More...
   $0 (04-24-2016 - NC)

 
 
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