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Criminal Law

Proffered impeachment evidence correctly excluded (access required)

The trial court correctly excluded proffered evidence to impeach a minor rape victim’s credibility. Further, evidence that appellant twice refused to provide a DNA sample was properly admitted. Appellant’s rape and indecent liberties convictions are affirmed. Facts S.D. accused appellant ...

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Prior convictions were properly authenticated (access required)

Where appellant was convicted of drug offenses and firearm charges, his prior criminal history was properly authenticated with court orders from prior cases. The trial court correctly rejected his argument that the orders were inadmissible because they contained electronic signatures ...

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Ineffective assistance warrants habeas relief (access required)

Petitioner is entitled to have her plea-based petit larceny conviction vacated because counsel did not advise her of the consequences the plea could have on her immigration status. Facts Petitioner, born in El Salvador, became a lawful permanent United States ...

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Warrantless search of defendant’s apartment was not unlawful (access required)

Where a North Carolina statute authorized warrantless searches of post-release supervisees by a probation officer, the search of defendant’s apartment was not unlawful, even though his own supervision agreement only authorized warrantless searches of his residence by his assigned probation officer, ...

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